You can use a common word or phrase, but be aware that to obtain a trademark, you need to show that the phrase has a “secondary meaning” that makes your use different from the usual meaning of the phrase. You will also need to show how that secondary meaning is connected with your product or service.
This guide outlines the steps to trademark a phrase and offers guidance to protect your brand effectively. Eligibility Criteria. To trademark a phrase, it must meet the eligibility requirements of the United States Patent and Trademark Office (USPTO). A phrase must be distinctive and capable of identifying the source of specific goods or services.
Key Takeaways. Trademarking a phrase grants exclusive rights to use it in connection with a product or service.; Common-law trademarks provide some protection but are limited in scope.; Distinctiveness is crucial for approval—generic or commonly used phrases are often rejected.; The application process involves a search, filing with the USPTO, and responding to office actions.
The cost of registering a trademark phrase will depend on various factors, such as the type of application you choose, the number of classes you need to register, and whether you hire an attorney or use filing services. The following are some fees you might incur during the trademark registration process:
Can you get some of the protections of having a trademark for free? Yes. Limitations of a Free, “Common Law” Trademark. The biggest limitation to using a common law trademark as your only level protection is the geographic limit. As I explained in this article, a free/common law trademark only applies for your geographic area:
To simplify things, you can use an online legal service like LegalZoom to trademark your phrase. LegalZoom offers two trademark service packages, for $249 and $599, plus federal filing fees. The $599 plan comes with an attorney consultation that helps ensure the process goes smoothly and the application gets approved as quickly as possible. 6 ...
Yes, a common law trademark can be had for free – getting one is how you trademark a name for free – if you don’t wish to pay an attorney to perform a trademark clearance. Again, a trademark clearance is a research service that trademark attorneys perform that are designed to ensure that a chosen name is actually available for use.
Trademarks are essential tools for protecting your brand and its associated phrases or words. To trademark a phrase or word, one must first ensure it is unique and not already trademarked. Then, a thorough search of existing trademarks needs to be conducted, followed by the preparation and submission of a trademark application to the United ...
After submitting your application to trademark a phrase, the Trademark Office examines your filing to check the requirements and make sure your trademarked phrase doesn’t create a likelihood of confusion with existing marks. The entire process of getting a trademarked phrase involves several potential stages:
Step-by-Step Guide on How to Trademark a Phrase. Here’s a simple guide to help you trademark your phrase or slogan in 2025: Research Your Phrase; Before you begin, make sure your phrase isn’t already trademarked. The United States Patent and Trademark Office has a free database you can use for
If you want to trademark a phrase, catchphrase or slogan for your business, the quickest way is to follow these five steps. 1. Create a distinctive phrase, catchphrase or slogan. The first step on the path to a registered trademark is to create a distinctive phrase, catchphrase or slogan. Distinctiveness is necessary for a trademark to be successful and is a legal requirement for successful ...
For a phrase to be trademarked, it must be used in a commercial context. This means the phrase must be used to sell goods or services. Often there’s a misunderstanding about what it means to trademark a phrase. It does not mean people are no longer allowed to say the phrase at all.
But don’t forget to maintain it. Now that the phrase is 100% your property, you’ll need to check in with the USPTO to make a statement every five years to confirm that your trademark is still active. Most people would like to know how to trademark a phrase for free, but if you want to get a real, certified trademark, this isn’t really ...
How Do I Trademark a Phrase for Free? Trademarking a phrase without fees is impossible through formal channels like the USPTO. However, you can protect the phrase in commerce under “common law” trademark rights. Common law trademarks are created by using the phrase publicly associated with your business, but they provide limited legal ...
Trademarking a phrase or slogan is a great way to protect your intellectual property and to have exclusive rights over your company’s trademark. Adding a TM symbol to the phrase or slogan, as well as registering it with the U.S. Patent and Trademark Office (USPTO) will also provide additional protection for you and your company from any ...
Key Terms for Trademarking a Phrase Certification Mark: A mark indicates that specific standards or qualifications have been met by the products or services bearing the mark. Goodwill: The positive reputation and recognition of a trademark accumulate over time. Incontestability: A status granted to trademarks after a certain period of continuous use, providing additional legal protection.
IP includes copyrightable creative works as soon as an author fixes their work in a tangible form of expression. IP also includes inventions protected by patents, brands protected by trademarks, and commercially valuable information protected under trade secret law. Interested in learning more about different types of IP?
The USPTO’s Trademark Manual of Examining Procedure outlines the factors that examiners must consider, including whether the phrase is merely a common expression or sentiment that is widely used by others in a non-trademark sense. When a phrase is used in a widespread or generic manner, it is difficult for consumers to associate it with a ...
