{"id":152,"date":"2023-04-15T12:34:32","date_gmt":"2023-04-15T12:34:32","guid":{"rendered":"https:\/\/www.smallbizgenius.net\/?p=152"},"modified":"2023-06-17T13:12:45","modified_gmt":"2023-06-17T13:12:45","slug":"how-to-trademark-a-phrase","status":"publish","type":"post","link":"https:\/\/www.smallbizgenius.net\/knowledge-base\/how-to-trademark-a-phrase\/","title":{"rendered":"How to Trademark a Phrase"},"content":{"rendered":"\n<p>Defined as \u201ca group of words used together in a fixed expression,\u201d 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:<\/p>\n\n\n\n<p>&#8220;I&#8217;m Lovin&#8217; It&#8221;<\/p>\n\n\n\n<p>&#8220;Just Do It.&#8221;<\/p>\n\n\n\n<p>&#8220;Think Different.&#8221;<\/p>\n\n\n\n<p>\u201cImpossible Is Nothing.\u201d<\/p>\n\n\n\n<p>&#8220;Maybe she&#8217;s born with it. Maybe it&#8217;s Maybelline.&#8221;<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>The Pros of Having a Good Slogan<\/strong><\/h2>\n\n\n\n<p>If you want to <a href=\"https:\/\/www.smallbizgenius.net\/best-llc-service\/\" target=\"_blank\" rel=\"noreferrer noopener\">develop a business<\/a>, a catchphrase would be a great way to attract customers &#8211; provided it\u2019s 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\u2019s recognizable features and that they can\u2019t be used without your permission.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>A trademark is not the only way to protect your intellectual property, as there are also copyrights or patents. Here\u2019s how they\u2019re different:<\/p>\n\n\n\n<ul>\n<li>Patents are mostly reserved for inventions.<\/li>\n\n\n\n<li>Copyright takes care of art, music, and writing.<\/li>\n\n\n\n<li>Trademarks protect words or phrases.<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>How to Trademark a Slogan or Phrase?<\/strong><\/h2>\n\n\n\n<p>Trademark registration can be a bit complicated, but it\u2019s also rewarding, as it helps you make your business recognizable.&nbsp;<\/p>\n\n\n\n<p>The US Patent and Trademark Office (USPTO) manages your trademark application, as well as the entire registration process. To be clear, you don&#8217;t have to trademark a slogan you came up with to use it for your product, but if somebody else does too, you won&#8217;t have any legal grounds to oppose that. On the other hand, if you\u2019re using something that\u2019s 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.<\/p>\n\n\n\n<p>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:<\/p>\n\n\n\n<p>Check USPTO\u2019s website to see if your phrase is available and make sure there are no existing similar phrases.<\/p>\n\n\n\n<p>Submit an online application to get your trademark certified. This step also includes a filing fee which can be paid via USPTO\u2019s Financial Manager, using a credit card, electronic funds transfer, or a USPTO Deposit Account.<\/p>\n\n\n\n<p>Memorize your application identification number so that you can check up on your trademark application process later on.<\/p>\n\n\n\n<p>Wait for the response. This step might take a while, but once you receive a reply, write back to the USPTO; if you don\u2019t respond within six months, it will close your application.<\/p>\n\n\n\n<p>Enjoy your trademark! But don\u2019t forget to maintain it. Now that the phrase is 100% your property, you\u2019ll need to check in with the USPTO to make a statement every five years to confirm that your trademark is still active.<\/p>\n\n\n\n<p>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\u2019t really possible. There are Common Law Trademark rights, but they don\u2019t apply throughout the USA and are mostly used by companies focused on local markets.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Trademark &#8211; the Secondary Meaning<\/strong><\/h2>\n\n\n\n<p>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\u2019s difficult to achieve that status, but making that happen means you have an incredibly well-established brand.<\/p>\n\n\n\n<p>For example, the name \u201cHoliday Inn\u201d has attained a second meaning, thanks to widespread use in reference to a specific hotel chain, not a variety of hotel services in general.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Registered Trademark Symbol<\/strong><\/h2>\n\n\n\n<p>We already familiarized you with how to trademark a phrase. Once you do that, you can use the \u00ae symbol after your slogan, company name, or logo. If you haven\u2019t registered it yet, you can use TM for goods and SMfor services, but this indicates you have adopted the trademark under the Common Law, meaning it won\u2019t be just yours everywhere.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Celebrities and Their Failed Trademark Applications<\/strong><\/h2>\n\n\n\n<p>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\u2019t make much sense. There were some bizarre attempts, but, as you can imagine, most of them were denied.&nbsp;<\/p>\n\n\n\n<p>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 \u2018kimono,\u2019 as that was the name of her clothing line. Last but not least, Donald Trump tried to trademark his catchphrase \u201cYou\u2019re fired!\u201d but it did not work, and soon he was the one who was fired.&nbsp;<\/p>\n\n\n\n<p>This list could go on, showing that trademark law should not be taken lightly.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defined as \u201ca group of words used together in a &hellip;<\/p>\n<p class=\"read-more\"> <a class=\"\" href=\"https:\/\/www.smallbizgenius.net\/knowledge-base\/how-to-trademark-a-phrase\/\"> <span class=\"screen-reader-text\">How to Trademark a Phrase<\/span> Read More \u00bb<\/a><\/p>\n","protected":false},"author":16,"featured_media":153,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"","footnotes":""},"categories":[4],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/www.smallbizgenius.net\/wp-json\/wp\/v2\/posts\/152"}],"collection":[{"href":"https:\/\/www.smallbizgenius.net\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.smallbizgenius.net\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.smallbizgenius.net\/wp-json\/wp\/v2\/users\/16"}],"replies":[{"embeddable":true,"href":"https:\/\/www.smallbizgenius.net\/wp-json\/wp\/v2\/comments?post=152"}],"version-history":[{"count":2,"href":"https:\/\/www.smallbizgenius.net\/wp-json\/wp\/v2\/posts\/152\/revisions"}],"predecessor-version":[{"id":3437,"href":"https:\/\/www.smallbizgenius.net\/wp-json\/wp\/v2\/posts\/152\/revisions\/3437"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.smallbizgenius.net\/wp-json\/wp\/v2\/media\/153"}],"wp:attachment":[{"href":"https:\/\/www.smallbizgenius.net\/wp-json\/wp\/v2\/media?parent=152"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.smallbizgenius.net\/wp-json\/wp\/v2\/categories?post=152"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.smallbizgenius.net\/wp-json\/wp\/v2\/tags?post=152"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}