How to Copyright a Phrase

ByNemanja Vasiljevic
March 22,2023

Say you have a new company producing cellulite cream for arms. It’s generating buzz and getting great reviews from cosmetic sites and magazines. The only thing missing is a catchphrase that consumers immediately connect with the product. 

Finally, after many sleepless nights, it dawns on you. The perfect catchphrase: “Dimply arms begone!” You call your commercial agency to launch the campaign, and word of mouth will do the rest. But in order to grow your business, you need to protect your intellectual property. That said, if you’re trying to figure out how to copyright a phrase, you’re wasting your time. Phrases cannot be copyrighted; they need to be trademarked.

Coin a Phrase

Most of today’s products and creative works are protected by law. So if you’re in the process of opening an LLC, for instance, consider employing some of the top LLC services, which check whether the name you choose for your company is being used by anyone else.  

The next step is coining that perfect catchphrase. These short phrases are immediately distinctive and often live in the present. Many companies use similar catchphrases as a tool for brand recognition. They are easy to remember and serve as an effective advertising method. As such, these valuable taglines are protected under intellectual property laws, which brings us to the difference between trademark and copyright.

A trademark is a word, phrase, symbol, or design that distinguishes one company's goods from its competitors. 

A service mark is similar, except it distinguishes the company’s service from others. For the sake of simplicity, they are often bundled together under trademark. 

Trademarks don’t expire. Similarly, trademark registration can also last forever as long as you file specific papers and pay the required fees. 

So, what does a copyright mean then? You use copyright to protect creative content that’s either been written down or recorded. However, copyright laws do not protect ideas, titles, slogans, or phrases. So don’t waste any more time trying to understand how to copyright a phrase. Simply trademark it. 

Here, it’s also important to make the slogan vs. tagline comparison. While slogans focus on the company or a particular product, taglines capture the spirit of the brand. 

For example, Joe McEnroe trademarked the famous phrase “You cannot be serious” after a heated disagreement with the umpire at Wimbledon in 1981. In 2002, he used the phrase as the title for his autobiography.

Meanwhile, Adidas International Marketing trademarked “Impossible is Nothing” for the company’s line of sports clothes and shoes.

Saving the Trademark

There are many ways to protect a trademark. If your company uses a trademark in commerce, it falls under the “common law” trademark. The great thing about it is it’s easy to obtain this form of trademark protection along with the ™ symbol. But you have to keep in mind that the “common law” trademark is only valid in a specific geographic location, usually local. Another drawback is that you have to prove you are the original owner of the trademark who regularly uses it. This may be a nightmare if a trademark dispute reaches the courts.

The other way of protecting a trademark is with trademark registrations through a state agency or, on a federal level, with the United States Patent and Trademark Office. We recommend the latter. When it comes to the trademark vs. registered comparison, it’s really a no-brainer - the best thing is to have both.

There are many benefits to having USPTO protection. This way, your trademark is protected on a national level, with an ® symbol. Your trademark is stored in the USPTO list, so others may be made aware of it. But the most important benefit is that you have the ability to sue for possible infringement. Infringing on someone else's trademark is a serious issue, be it a phrase or a logo design. Just keep in mind you can’t copyright a logo either; you can only trademark it. Recently Fintech startup Current accused Facebook of stealing its logo for the new cryptocurrency project. In order to avoid these unpleasantries, make sure you use the best logo makers.

How To Trademark a Slogan or Phrase

Once you’ve decided to trademark your phrase with the USPTO, check the agency’s database to see if anyone else is using the same phrase. 

Then make sure you’re following the USPTO trademark rules (and catchphrase rules). Check if your phrase is different and unique enough from other trademarked phrases. Make sure you use your phrase in conjunction with the sale of goods or services. That way, you may trademark phrases for usage in commercial purposes. Next, do a trademark definition. Your trademark shouldn’t sound generic and explanatory or use familiar business or industry-specific terms.

An additional but beneficial step would be to contact the trademark attorney. That way, you can make sure the phrase you want to use can be trademarked and if it follows all USPTO trademark rules. 

Another important legal requirement for setting up a business involves hiring a registered agent. This can be either a company or an individual who will receive service of process if you’re ever part of a legal action. Here are some of the very best registered agent service options in 2021.

After you define a trademark, you’ll have to apply through the USPTO’s Trademark Electronic Application System. The application fee is between $250 and $350, depending on the type of goods or services. These fees have to be paid individually for all types of goods and services, even when using the same phrase. This can become a costly affair for some businesses, especially since you can’t get a refund if your trademark application is refused. 

The process of validating your application may take six to eight months. The agency’s lawyers will contact you with their decision or request additional information. 

If your application ends up abandoned during this period, you may have to pay a $100 petition fee to proceed with the application process. Keep these costs in mind when you decide to trademark a phrase.

If your application is accepted, you’ll have to file Section 8 documents on the fifth and tenth year of using the trademark. In these renewal documents, you’ll specify if you’re using the trademark in commerce for the filled goods or services.

After your phrase is trademarked, keep an eye on the USPTO’s Trademark Electronic Search System to see if anyone is using your trademark and then take appropriate legal action.

Is It Worth the Trouble?

Trademark slogans have become a powerful and proven ally in the advertising business. Application fees can be costly for small businesses trying to trademark a company slogan. But those that have the financial muscle can benefit a great deal from trademarking their intellectual property. Of course, you’ll never have to ask the question: how much does it cost to copyright a phrase as copyright laws don’t cover short phrases.

Frequently Asked Questions
How much does it cost to copyright a phrase?

A phrase cannot be copyrighted. It has to be trademarked. This can cost between $250 and $350 for a single application fee. The cost is determined by the type of goods or services that you select on your trademark application. Businesses with several goods or services may have to pay multiple application fees.

How do I copyright or trademark a phrase?

If you’re trying to figure out how to trademark a phrase, the first thing you need to do is pick a distinct phase and check the USPTO database to make sure it isn’t being used by anyone else.  If it isn’t, you can file trademark protection with the federal agency. 

  • Check with the USPTO Trademark Electronic Search System if the quote is available.
  • File an application form with the USPTO Trademark Electronic Application System.
  • Follow up on the application process until you receive approval.
  • How do I copyright a quote?

    The short answer is, you can’t. If you’re having trouble figuring out how to copyright a phrase, it’s because it can’t be done. A phrase has to be trademarked through the USPTO database.

    How do I find out if a phrase is copyrighted?

    If someone already trademarked the quote, using it can result in an infringement lawsuit. If the quote belongs to the public domain, you can put it on a shirt for commercial purposes. To make sure the quote is usable, check with the USPTO Trademark Electronic Search System and consult an intellectual rights attorney.

    Can I put a quote on a shirt and sell it?

    If someone already trademarked the quote, using it can result in an infringement lawsuit. If the quote belongs to the public domain, you can put it on a shirt for commercial purposes. To make sure the quote is usable, check with the USPTO Trademark Electronic Search System and consult an intellectual rights attorney.

    More From Our Blog

    If you’re looking to purchase a property for your business or newly formed LLC, you probably already know that you need a pile of legal documents. An essential part of the deed is the legal description of the property.  Defining Legal Description The legal dictionary defines it as a “formal, detailed, and sufficient property/asset description that definitively identifies and locates a specific property.” The legal description is an essential component of a deed that describes and defines the property that’s bought or sold. It may sound simple, but there cannot be any inconsistencies in this description or imprecise language used. If the description is left open to interpretation, it may result in legal complications and you not owning the exact property you’ve purchased.  To analyze why a legal description is a significant part of the deed, we need a more thorough definition. Deed Definition The deed is a document that establishes ownership over a property. In this case, we are interested in a deed that transfers real estate ownership between the seller and the buyer. Components that make the deed valid, legal, and contractual are:  Grantor and grantee identification Expression of conveyance by the grantor Legal description Signature of grantor or grantors  Simply put, the deed is a legal document that transfers ownership of the property from the grantor to the grantee. Keep in mind that there are other types of deeds, but the property’s legal description is the key element of transferring ownership of the real estate.  Types of Legal Descriptions The legal description of real estate has to cover the parcel of land with accuracy and precision to be easily identified and located. There are several types of legal descriptions used to identify and thoroughly describe the property in question:  The US Public Land Survey System  The lot and block survey system (Subdivision)  Metes and Bounds The State Plane Coordinate System Depending on the circumstances, multiple legal property descriptions may be used to describe the real estate listed on the deed. Using more than one method to define the property nullifies the chance of misinterpretation or error.   The USPLS is a grid system set up by the federal government to describe large parcels of public land. Any property or piece of land can be precisely located using township, section, and subsection labels in a county defined by the Principal Meridians and Baselines. This system was established in 1785 and is used in 30 states.  A legal description of the property primarily used in urban and suburban areas is known as the lot and block survey system. Also known as the recorded plat survey system, this legal description starts with a more extensive section of land that’s already described by the metes and bounds method or by another description. This parcel is then divided into smaller lots that are recorded in county records. Each block has an alphabetical and numerical value assigned for easier identification.  The system of legal description that uses natural landmarks and geographical features is called metes and bounds. This system is commonly used in situations when survey areas have an irregular outline. The method describes the boundaries of the property by using direction and distance between each point and monument (geodetic markers).  The State Plane Coordinate System uses a coordinate system with north-south and east-west axis to divide each state into smaller zones. SPCS was created to assist with surveying, mapping, and engineering throughout the US. It consists of 124 zones that are adjusted to the geographical features of each state. It uses a simple Cartesian coordinate system to identify locations.  Each individual legal property description has some essential elements:  County, town, and subdivision  Border defining description Parcel’s name where the property is located The professional land surveyor will use a combination of these elements to describe the property. The best practice is to hire a land surveyor to verify or correct any legal descriptions before signing the deed to ensure it’s up to date. Legal Description Compared to Other Forms Other forms of describing real estate are usually not sufficient enough to qualify as a legal description of the property. The most common ones that are used for other purposes but aren’t adequate for deeds are:  Property tax records may use a brief summary of the property, which will differ depending on the state.  While seemingly a good way to locate and identify the property, the street address is not reliable. The address may change, and it’s not precise in defining property lines, so it can’t be used in a legal document.  Landowners will sometimes confuse these with the appropriate property legal descriptions. When preparing the deed for the property, the standard practice is to use the exact one found on the latest deed. Legal Description and Title Insurance Reading the legal description can leave landowners confused as to what they are purchasing. Luckily, title insurance protects buyers from any form of ambiguous legal descriptions and forgeries. The best steps you can take are:  Making sure you have title insurance coverage  Requesting a new survey from your title company Survey and Legal Description Conclusion Conducting a new metes and bounds survey helps you avoid any legal pitfalls with the real estate that you are signing the deed for. This way, any inherent troubles with the legal description can be nipped in the bud.   The critical thing to remember is to check the documentation received by your registered agent and review it with a professional before signing the deed.
    By Dusan Vasic · September 27,2021
    Defined as “a group of words used together in a fixed expression,” a phrase can be short or long. In addition to the ones we use every day, there are plenty of famous trademark examples for slogans we all heard at some point: "I'm Lovin' It" "Just Do It." "Think Different." “Impossible Is Nothing.” "Maybe she's born with it. Maybe it's Maybelline." You probably recognize the companies these expressions belong to, even though only one of their names was mentioned directly. You might even be looking to protect a witty string of words yourself and need to know how to trademark a phrase properly. Luckily, this article will explain all the steps. The Pros of Having a Good Slogan If you want to develop a business, a catchphrase would be a great way to attract customers - provided it’s catchy enough. It can be a word, phrase, slogan, or even a design that sets a specific party and their products apart from others. Trademarking something means you gain legal protection for your brand’s recognizable features and that they can’t be used without your permission. However, bear in mind that trademarking a phrase means following some strict procedures, and the process itself might take a few months. Still, if you do get approved, this can be an excellent long-term investment, as it can help your brand stand out while it grows. A trademark is not the only way to protect your intellectual property, as there are also copyrights or patents. Here’s how they’re different: Patents are mostly reserved for inventions. Copyright takes care of art, music, and writing. Trademarks protect words or phrases. How to Trademark a Slogan or Phrase? Trademark registration can be a bit complicated, but it’s also rewarding, as it helps you make your business recognizable.  The US Patent and Trademark Office (USPTO) manages your trademark application, as well as the entire registration process. To be clear, you don't have to trademark a slogan you came up with to use it for your product, but if somebody else does too, you won't have any legal grounds to oppose that. On the other hand, if you’re using something that’s already been trademarked, the entity that protected it will very much be able to sue you. Trademarks do not have specific time frames like patents or copyrights, either. How much does it cost to trademark a phrase, you ask? The price depends on the option you picked, but the cheapest application costs $250 per class of goods or services. These are the application steps: Check USPTO’s website to see if your phrase is available and make sure there are no existing similar phrases. Submit an online application to get your trademark certified. This step also includes a filing fee which can be paid via USPTO’s Financial Manager, using a credit card, electronic funds transfer, or a USPTO Deposit Account. Memorize your application identification number so that you can check up on your trademark application process later on. Wait for the response. This step might take a while, but once you receive a reply, write back to the USPTO; if you don’t respond within six months, it will close your application. Enjoy your trademark! 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 possible. There are Common Law Trademark rights, but they don’t apply throughout the USA and are mostly used by companies focused on local markets. You can also consult with a trademark attorney, who will give you some useful tips and guide you through the procedure if needed. This service adds a fee of $1,000 to $2,000 to your original costs, but it can make the whole process a lot easier for you. Trademark - the Secondary Meaning If a phrase becomes so popular that people associate it more with a specific product than its original meaning, it becomes a trademark in the secondary sense. This is nowhere near as common as official trademarking, and it’s difficult to achieve that status, but making that happen means you have an incredibly well-established brand. For example, the name “Holiday Inn” has attained a second meaning, thanks to widespread use in reference to a specific hotel chain, not a variety of hotel services in general. Registered Trademark Symbol We already familiarized you with how to trademark a phrase. Once you do that, you can use the ® symbol after your slogan, company name, or logo. If you haven’t registered it yet, you can use TM for goods and SM for services, but this indicates you have adopted the trademark under the Common Law, meaning it won’t be just yours everywhere. Celebrities and Their Failed Trademark Applications Celebrities are often trying to find new ways to remain relevant in the public eye, and they sometimes do that by applying for a trademark, even if getting one doesn’t make much sense. There were some bizarre attempts, but, as you can imagine, most of them were denied.  To name a few, Taylor Swift unsuccessfully tried to trademark the names of her three cats (Benjamin Button, Meredith Grey, and Olivia Benson). Kim Kardashian made an even bolder move, trying to trademark the word ‘kimono,’ as that was the name of her clothing line. Last but not least, Donald Trump tried to trademark his catchphrase “You’re fired!” but it did not work, and soon he was the one who was fired.  This list could go on, showing that trademark law should not be taken lightly.
    By Nikolina Cveticanin · November 18,2021
    What Is Copyright?Copyright is a legal tool for ensuring that original works, such as writing, photos, or music, belong to the people who created them. You cannot use, copy, modify, or publish copyrighted work without the author’s permission. Copyright is often announced by the phrase “All rights reserved,” meaning that you may face a lawsuit if you violate it.Say you find a movie you want to watch on a torrent site, fire up your VPN, and get ready to download it. If you proceed, you’ll probably be breaking the law, as all movies have a copyright statement to prevent unauthorized distribution.That’s copyright in general, but if you’re, say, starting a new business and want to protect your brand, you need a specific legal tool - a trademark. You’ll probably need some instruction on what elements of your business can be protected through US copyright law, and we’ll have some recommendations for that later on.What Is the Meaning of “All Rights Reserved?”If you copyright text, music, your product name, or anything you created, no one can use your work without your permission. Creators and business owners use this phrase to imply that they reserve the right to pursue legal action under copyright law in case of misuse.Let’s make things simple: If you write a book, it belongs to you, and you are the only one who can distribute it further or allow others to read it or copy it. In other words, all your rights are reserved.“All rights reserved” has the meaning of keeping your ownership and distribution rights protected. The prase is often used along with a copyright notice, which consists of three obligatory elements: The word “copyright”, the abbreviation “Copr.”, or symbol © The year of the first publication of the work The name of the authorNow, we’ll have to disappoint you. Even though this phrase used to be legally required starting from the 1910 Buenos Aires Copyright Convention, it’s not anymore. Namely, failure to include “All rights reserved” or a copyright notice has lost all legal significance between March 1st, 1989 and August 23rd, 2000, thanks to the Berne Convention. Its signatories declared that every right is reserved unless explicitly stated otherwise. Copyright is granted to you by default through the very fact that you created the original content.However, do not hesitate to use the phrase, even though it’s technically unnecessary, as it tells those who wish to abuse your rights they shall be prosecuted. Less dramatically put, it warns possible copycats that publishing, modifying, or duplicating original content is not allowed without your permission.How Do You Copyright Something?Using the “All rights reserved” symbol on your website or artwork is not the only thing you need to do to protect it. Having copyright and protecting it from infringement are worlds apart.To prove that you have intellectual property and discourage others from stepping out of line, you need to do one of the following, or both: Place a copyright notice on your artwork or product. Register it with the US Copyright Office.You don’t have to do either, but it will make disputes much more straightforward. As we said, there’s no need to claim your copyrights. All your rights are reserved from the moment the work is created. However, if you wish to proceed with an infringement lawsuit, showing that your work is registered with the Copyright Office is the most substantial evidence you could bring to court, but again, it’s not mandatory.On the other hand, if you want to trademark your brand to reserve all rights, you need to deal with the US Copyright Office, and we recommend choosing an LLC service to help you along. They offer trademark registration, a seller’s permit, legal help, business licenses, pass-through taxation, etc. Take a look at our list of the best LLC Services to help you decide.Copyright DurationSo, what does “All rights reserved” mean in terms of length? Your ownership and distribution rights are protected, but for how long?As of January 1st, 1978, intellectual property is protected for the duration of the author’s life, plus an additional seventy years. If the work was anonymous, pseudonymous, or made as part of a commission, copyright lasts for 95 years from the moment of creation or 120 years after it was first published, whichever is shorter. There is no need to renew your registration with the US Copyright Office or for your descendants to do so.All Rights Reserved vs. Creative Commons vs. No Rights ReservedSome authors wish to selflessly share their efforts with anyone who might benefit from them. In this case, they include the statement “No rights reserved,” which permits others to use it for charitable, public, or personal purposes.Having copyright, for example, allows authors to charge for the use of their intellectual property. Once they give up these rights, however, anyone can use their work for free.Although you usually need permission to use copyrighted material in your work, there is an exception called Fair Use. Even though all rights are reserved to an author, small portions can be used to critique, teach, or as part of a news report, but not for commercial purposes. The press can also freely copy news and articles, but it has to add a reference to the source.Finally, let’s mention Creative Commons (CC). This organization uses a slightly different phrase, “Some rights reserved,” to illustrate their mission of free access to creative and academic work. It’s a non-profit that helps share knowledge by connecting content creators to people who want to use their work.If you’re still wondering when to use “All rights reserved,” take a look at any book’s copyright page. It contains the copyright notice, edition and publication information, cataloging data, print history, and other legal notices. A single glance will give you insight into the world of intellectual property protection.
    By Danica Djokic · October 08,2021

    Leave your comment

    Your email address will not be published.


    1 comment
    Mary Jo Holton
    1 year ago
    reply arrow icon
    I have a need for a trademark of a name/ phrase