If you've come up with a good catchphrase to identify your company and its goods or services, consider trademarking to help protect your brand.
Many businesses create distinctive phrases, like catchphrases, slogans, taglines, or mottos to improve their company's brand recognition. After all, a suitable phrase can help make their brand more identifiable and memorable.
However, once you've come up with a phrase for your business, it's important to protect it so other companies don't start using it and confusing your customers. That's why you need to know how to trademark a phrase. Trademarking a phrase helps secure your brand identity and gives you the right to take legal action should anyone use it without your permission.
Find out what kind of trademark protection is available for phrases, and how to trademark a phrase for your own business with the United States Patent and Trademark Office.
Can you trademark a phrase?
Yes, you can trademark a phrase, tagline, or catchphrase for your brand by registering it with the United States Patent and Trademark Office (USPTO). To qualify, your phrase must be distinctive, non-generic, and used in connection with commercial goods or services.
The following are a few guidelines to consider when choosing a phrase to trademark.
- Distinctive: The phrase should be unique and clearly identify your business as the source of goods or services.
- Suggestive: A strong trademark phrase alludes to the quality or nature of your offerings without directly stating it.
- Non-descriptive: The phrase shouldn't simply describe an aspect of your business.
- Non-generic: A phrase with common, everyday words and descriptions cannot be trademarked.
- Fanciful: The phrase can include made-up words.
- Arbitrary: The phrase can include words with no direct association with your goods or services.
Keep in mind that if your phrase is too generic or descriptive, the Patent and Trademark Office will deny your trademark application.
Why should you trademark a phrase or slogan?
Having a strong catchphrase or slogan can enhance your brand identity, as your potential customers recognize it and associate it with your business. For instance, when you see the phrase "Just Do It," you automatically picture Nike, and when you hear "I'm lovin' it," you think of McDonalds.
Registering a trademark grants you:
- Exclusive rights: Your phrase becomes your intellectual property
- Legal protection: You can file a trademark infringement lawsuit if someone uses it without permission
- Brand security: Competitors cannot legally adopt your slogan
How to trademark a phrase in 5 steps
If you have a phrase worth protecting, federal registration is a smart move, especially if you plan to scale your business. But for many small, local businesses, the advantages of registration need to be weighed against the cost of registration.
However, if you do decide to move forward and have selected a phrase that aligns with trademark office guidelines, you can begin the trademark registration process. The federal trademark phrase application procedure can be done online through the USPTO website .
1. Conduct a trademark search
Before you start filling out the trademark application, you must conduct a trademark search to be sure that the phrase you intend to use is not already trademarked. After all, you cannot use the same phrase as another business, and it's essential to select one that is unique and distinct from those already registered.
Navigate to the USPTO website and search the trademark database (formerly the Trademark Electronic Search System), or allow LegalZoom to perform the trademark search for you.
2. Prepare and file the application
The next step is to complete and file a trademark application. This can be done online using the USPTO's Trademark Center, which replaced the Trademark Electronic Application System (TEAS) Jan. 18, 2025.
With the transition to the Trademark Center , a uniform application process will apply no matter the category. The USPTO now charges a flat fee of $350 per class of goods or services for all base applications, regardless of customization or complexity.
There are filing fees associated with the trademark registration process, which we'll cover later. For some, a major disadvantage to federal trademark registration is the application fee, which is non-refundable even if your application is rejected.
If you'd rather save yourself time and energy, let LegalZoom register your trademark for you . We'll oversee the entire application process, allowing you to focus more on your business and less on tedious paperwork.
3. Wait for application examination
A USPTO examiner will review your application to ensure it meets all requirements and doesn't create confusion with existing trademarks. If approved without issues, your application moves to publication.
However, most applicants receive an "office action," which is an official letter outlining issues and how to address them by a specific deadline. Here's what to expect:
If you provide a satisfactory response to the office action within the deadline, the USPTO will put your application back on the path toward approval. If the USPTO finds your response to be insufficient, you will have another opportunity to address the problems via a final office action. If you are unsuccessful at this stage, and if you’ve preserved your rights, you can appeal the matter to the Trademark Trial and Appeal Board (TTAB). If you succeed before the TTAB, you may be able to secure registration of your trademark.
If you simply ignore the office action and don’t respond at all before the deadline, your application will be considered “abandoned,” meaning it is no longer active in the system. To continue the registration process, you must follow the steps to revive an abandoned application.
4. Follow publication and opposition guidelines
Once the patent and trademark office approves your application, it will be published in the Official Gazette, a weekly publication that announces pending patents.
At this time, other trademark owners have a 30-day opposition period to contest the trademark if they believe it infringes on their own trademark rights. If the trademark owner succeeds, your application won't move forward, but if they fail (or there's no opposition), your application can proceed.
5. Receive a registration certificate
With no opposition issues, the trademark office will grant you trademark protection and issue a trademark registration certificate. It will also post your trademarked phrase in the Trademark Status and Document Retrieval (TSDR) system.
How much does it cost to trademark a phrase?
The cost depends on the number of trademarks you register, whether you hire an attorney or use filing services, and any issues that arise during the process.
- UPSTO filing fee: $350
- Trademark search (LegalZoom): Starting at $199
- Trademark attorney: $250–$500/hour
- LegalZoom Premium package: $649 (plus USPTO fees)
Federal trademark rules: What to avoid
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. Therefore, it's essential to understand trademark laws . Follow these guidelines to help ensure your application is accepted:
- Make sure it's for commercial purposes. Only a phrase that is used for a commercial purpose may be trademarked. You can't trademark a phrase just because you like it and don't want anyone else to use it. You must be using the phrase or intending to use the phrase in connection with the sale of goods or services.
- Understand class protections. Your trademarked phrase is only protected against use by others in the same class of business.
- Ensure your company is identifiable. The trademark must be used to identify your company as the source of the goods or services. Your application may be rejected if it's determined that the phrase only describes the goods or services, rather than the company that is their source. However, some phrases that have been approved seem to ignore this.
- Select a unique phrase. The phrase may not be the same as a phrase that has already been registered or has a pending application.
- Choose a distinguishable phrase. The phrase may not be likely to be confused with a similar phrase that has already been registered or has a pending application and relates to a similar type of goods or services.
- Don't pick a generic phrase. The phrase must be distinctive and not generic or just descriptive. To complicate things, a phrase that is distinctive when used in relation to one type of business may be generic in relation to another type of business. For example, the word "Apple" can be trademarked by a company that makes computers, but not by a company that sells apples.
- Avoid using words associated with your line of work. The phrase can't use terms commonly used in business or in the applicant's type of business.
- Don't include common language or slang. The phrase can't be a part of everyday speech. For example, phrases like "I'm just saying," "as a matter of fact," or "on the other hand" would probably be rejected. This concept can be confusing when you learn that the phrase "that's hot" was approved for use with certain products.
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. That's why many businesses choose to hire a trademark attorney or work with a professional registration service to help them navigate the trademark process.
FAQs
How long does it take to trademark a phrase?
According to the USPTO, registering a trademark typically takes 12 to 18 months or longer.
Because it can be a complex process with various stages, many businesses prefer to hire LegalZoom to oversee the process for them.
Do I need a lawyer to trademark a phrase?
No, but a trademark attorney can help ensure your phrase meets legal requirements and provide guidance if you face infringement issues.
What happens if someone else is already using my phrase?
Unfortunately, you cannot trademark a phrase that is already in use. Your phrase must be unique and distinguishable from already trademarked phrases. In this case, you'll need to come up with a different phrase for your business.
What should I do if someone uses my trademarked phrase without permission?
Start by sending a cease-and-desist letter, and if they don't comply, consider filing a trademark infringement lawsuit with guidance from a trademark attorney.
Can I enforce my trademark internationally?
USPTO registration only protects your trademark within the U.S.—to protect it internationally, you must register with the patent office in each country where you want protection.
Jane Haskins, Esq. contributed to this article.
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