Trademarks registered in special form format protect trademarks that are stylized , have designs or logos, or are in color. Trademark owners typically register in special form format when the stylization and design is an important part of the trademark. With this format, you’re getting protection specifically for the way the trademark looks.
Trademarked Phrases: That’s Hot Trademarked Phrases: You’re fired Trademarked Phrases: BAM! Trademarked Phrases: You Cannot Be Serious Trademarked Phrases: This sick beat. Context is Everything. Trademarks are not about owning a word or phrase. It is about providing companies with distinctiveness and preventing consumer confusion. If ...
Using your phrase, generate a list of trademark search terms. Choose search terms that match your phrase exactly, but also use those that are similar in appearance, sound or meaning. For example, if your phrase is “The Bestestestest Chicken of Your Life,” you may choose search terms that vary the spelling of the word ‘best’ or that add ...
Search for all live trademarks containing a particular phrase ; FD:[20230101 TO 20231223] AND AT:"John Doe" AND LD:true ... For a list of coordinated classes, see the coordinated class list. Dead A trademark application or registration that is no longer active, so it can’t be used to bar another pending trademark application from federal ...
The ability to trademark a word or phrase depends on the nature of the phrase, how frequently it is used, and the contexts in which it is typically used. Below is a basic overview of the 5 types of marks, and their relative strengths and weaknesses when it comes to securing trademark protection.
Determine the right trademark class for your phrase. When filing a trademark application, you must specify the trademark class that applies to your phrase. The Nice Classification (NCL) system organizes trademarks into 45 different classes — 34 for goods and 11 for services.
Unitary Phrases. In the trademark sense, a unitary phrase is one where the whole of the phrase or slogan is more than the sum of its parts. The USPTO analyzes submissions on a case-by-case basis to determine if the phrase/slogan’s “meaning and commercial impression indicate an inseparable whole.”
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. Distinctiveness may be inherent, as with fanciful or arbitrary phrases, or acquired through secondary meaning, where the ...
Because the trademark on phrases is only applicable to the particular goods or services the applicant sells, the applicant must select a numbered class for the specific goods or services on their application. 5. The final step is to pay the appropriate government filing fee. The filing fee is either $225 or $275, depending on the class of goods ...
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 ...
A trademark owner can lose a trademark if it enters common use and becomes a generic term for the product. Such was the fate of trademarks such as Nylon, Aspirin, Xerox, and Band-Aid. These trademark names were originally protected but eventually became highly associated in the minds of consumers as a shorthand description for the product, and ...
It is a branding device, such as a name, logo, or phrase that, when used alongside the sale of a good or service, enables a consumer to understand the source-company that is selling the goods/service. The trademark imbues a particular set of beliefs and conceptions about the product merely because the trademark is attached to it.
People often get confused about what it means to trademark a phrase, especially once they learn how many common, everyday phrases are actually registered with the U.S. Patent and Trademark Office. It’s important to remember that trademark registration doesn’t prevent any future use of a phrase–it strictly prevents its use, or the use of a ...
Start using the right trademark symbol with your phrase. 1. Select a strong, protectable phrase. The key to getting a Federal trademark is to first select a phrase that’s strong in a trademark sense. Trademarks are not created equally. There are different kinds, and some are more effective and easier to protect than others.
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 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.
3. Select the Appropriate Filing-Basis for the Trademark Application. When submitting a trademark application for your phrase with the USPTO, it is important to understand that you must designate a “filing basis”, which is to say, the grounds upon which the applicant has the right to obtain protection. Every trademark application must include at least one filing basis and each filing basis ...
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:
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 ...
