If you've come up with a good catchphrase to help identify your company and its goods or services, you might want to trademark it.
What would you like to protect?
Great
by Jane Haskins, Esq.
Jane has written hundreds of articles aimed at educating the public about the legal system, especially the legal aspe...
Updated on: March 15, 2023 · 4 min read
Using a distinctive phrase connected with your business can help create and improve your company's brand recognition. To prevent other companies from using your phrase, you need to know how to trademark a phrase.
Find out what kind of trademark protection is available for phrases, including catchphrases, slogans, taglines, and mottos.
Trademarks can be protected in several ways. There is what's called "common law" trademark protection. This comes about simply by using the trademark openly in your business. The drawback is that it can be difficult to enforce your rights in court. You'll need to prove that you were the first to use the trademark and that you have used it openly and frequently in marketing your goods or services.
The best way to protect a trademark is to register it. This can sometimes be done by registering with an agency of a state government. Such registration must comply with the particular requirements that vary from state to state. The drawback is that state registration only protects the mark in that state.
Nationwide protection is offered by registering the phrase with the United States Patent and Trademark Office (USPTO). Regardless of whether the trademark is for a phrase, logo, or something else, the same procedure is involved in registering a trademark.
The federal rules regarding trademark registration of a phrase are confusing. Not every phrase can be trademarked, not everyone can trademark a phrase, and registration does not provide complete protection.
Numerous rules may result in a trademark application being rejected. These include:
When you compare phrases that have been accepted for registration with phrases that have been rejected, it can be difficult to understand the reasoning for acceptance or rejection.
The Federal trademark phrase application procedure is fairly simple and can be done online through the USPTO website.
The first step is to conduct a trademark phrase search to be sure that the phrase you intend to use is not already trademarked. This can be done online through the USPTO's Trademark Electronic Search System (TESS).
The next step is to complete and file a trademark application. This can be done online using the USPTO's Trademark Electronic Application System (TEAS). For some, a major disadvantage to federal trademark registration is the application fee, which is non-refundable even if your application is rejected.
Your next step is to wait. Applications for any type of trademark are reviewed by an attorney with the USPTO. This will result in either approval of the trademark, rejection of the trademark, or a letter from the attorney asking for more information.
If you have a good phrase for marketing your goods or services, you may be wise to protect it with federal registration. This is especially true if you plan to develop a large business. But for many small, local businesses, the advantages of registration need to be weighed against the cost of registration.
You may also like
What Does 'Inc.' Mean in a Company Name?
'Inc.' in a company name means the business is incorporated, but what does that entail, exactly? Here's everything you need to know about incorporating your business.
October 9, 2023 · 10min read
How to Write a Will: A Comprehensive Guide to Will Writing
Writing a will is one of the most important things you can do for yourself and for your loved ones, and it can be done in just minutes. Are you ready to get started?
July 21, 2024 · 11min read
How to Get an LLC and Start a Limited Liability Company
Considering an LLC for your business? The application process isn't complicated, but to apply for an LLC, you'll have to do some homework first.
October 3, 2024 · 11min read