Can a person trademark a phrase?

Can phrases be trademarked?

Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.

Can someone copyright a phrase?

The answer is yes. Simply put, a trademark is a sign used to distinguish goods or services and a ‘sign’ can be any letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent.

Is it worth it to trademark a phrase?

Is it Worth it to Trademark a Phrase? If you are using a catch phrase, tag line, or sales line with your goods or services, then yes, it is almost always worth it to trademark that phrase if it is available.

What phrases Cannot be trademarked?

What Can’t Be Trademarked?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.
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Can you trademark a phrase on a T shirt?

If your T-shirt design has symbols, words, or other marks that uniquely distinguish it from other T-shirts on the market you can obtain a trademark to protect your design from others who might wish to capitalize on your intellectual property.

How do you tell if a phrase is trademarked?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)‘s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

How do you own the rights to a phrase?

To trademark a phrase locally, you must already be using the phrase publicly. You can apply for a nationwide trademark with the USPTO. With the USPTO you can apply with the “intent to use.” Phrases eligible for trademark registration include catch phrases, taglines, slogans, and mottos.

How much does it cost to trademark a phrase?

If you have ever asked yourself how much does it cost to trademark a phrase, according to the current fee schedule on the USPTO, trademark registration fees cost $275 per mark per class. If you need an attorney’s assistance, the cost averages around $1,000 to $2,000.

How do I patent a phrase on at shirt?

You can file your application to register a trademark for your shirt design online using the USPTO’s Trademark Electronic Application System (TEAS) or through an online legal service provider. You also have to pay a nonrefundable application fee.

How long does a trademark last?

How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

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When should you trademark a slogan?

You can’t trademark a slogan that just describes your company’s goods or services. This doesn’t usually meet the USPTO’s requirements. You can adopt a slogan for your brand without filing out a trademark application. If you want to keep others from using it, however, you should trademark the slogan.

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. … But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble.

Can you trademark curse words?

The short answer is: no, you cannot trademark a “bad” word if it is scandalous, offensive, or immoral. U.S. trademark law absolutely bars trademarking words of immoral or scandalous matter.

What can and Cannot be patented?

Certain things can never be patented, regardless of how well they meet these four standards. They include the elements, theoretical plans, laws of nature, physical phenomena, and abstract ideas. … Otherwise, the USPTO will not grant the patent even if you’re trying to patent a great idea.