Can a phrase 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 you copyright a phrase or saying?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks.
Can a trademark include a slogan?
Your trademarks, including good or service names, slogans, logos, taglines, modes of packaging, moving images, holograms, colours, scents, tastes, textures and sounds, produce a brand image that becomes your promise to your customers.
How much does it cost to trademark a slogan?
Trademarking a slogan comes with the same fees as other trademarks. The cost will range from $250 to $400 dependent on the TEAS form you use. The price is inversely related to strictness of the requirements you must meet. You’ll see the lowest fees with the TEAS Plus application which is $250 per class.
When can a phrase not be trademarked?
Reasons To Not Trademark a Phrase
You need to be the only business in your class using your phrase. Otherwise, the USPTO will probably reject your application. A trademark identifies the source of a product. If your phrase describes a product or service, it won’t be approved for trademark protection.
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 I get a phrase trademarked?
How to Trademark a Slogan
- Go to the United States Patent and Trademark Office (USPTO) website.
- Check the Trademark Electronic Search System (TESS) database. Make sure the slogan isn’t already registered in the same category.
- Submit your trademark application. Pay the filing fee.
How do I trademark a name for free?
You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.
Can I use someone else’s slogan?
Just because a company has trademark rights, those rights do not absolutely prohibit anyone else from using the same name, logo, or tagline. … The same exact trademark you use can be used on a substantially different product or in a substantially different industry.
How long does it take to trademark a phrase?
It generally takes one to three years to complete the application and registration process. The USPTO often registers trademarks within one year. However, the process can take up to three if there are legal issues to address.