How To Trademark A Phrase in 2024: Step by Step Guide

A catchy phrase can make all the difference in a world where brands compete for consumers’ attention. Think about Nike’s famous phrase, “Just Do It,” which captures the spirit of empowerment and persistence of the company. This brief yet effective saying has become associated with Nike products and is well-liked by people all over the world.

Coca-Cola’s eternal slogan, “Open Happiness,” likewise inspires feelings of joy and hope, strengthening the association between the brand and good experiences. This well-chosen term has endured over time, becoming deeply ingrained in the minds of consumers.

Another illustration is Apple’s memorable and concise tagline, “Think Different.” This catchphrase encapsulates Apple’s brand identity and distinguishes the company in the cutthroat tech sector by urging people to embrace innovation and creativity.

Therefore, getting a unique phrase is important to create an identity. Hence, here is to learning how to trademark a phrase.

Why To Trademark A Phrase in 2024?

For a variety of reasons, including brand recognition and legal protection, trademarking a phrase can be a wise strategic move. This protection makes sure that your original expression stays wholly yours, stopping rivals from abusing the goodwill associated with your brand or weakening its distinctiveness. Gaining exclusive rights to use your phrase in connection with your products or services through trademark registration will give you a competitive edge and clear up any confusion among customers. Furthermore, a trademarked phrase becomes an integral part of your brand identity, building consumer loyalty and trust. In a crowded market, it helps customers remember and recognize your offerings by reinforcing your market positioning.

Moreover, trademark registration gives you the authority to pursue legal action against any unapproved use of your phrase and offers a vital legal framework. This protection includes the ability to license your trademarked phrase to third parties in exchange for royalties. With trademark registration, you can expand into new markets with confidence knowing that your brand is protected from international infringement.

A trademarked phrase also increases the perceived value of your brand as an intangible asset, making it more appealing to partners, buyers, and investors. It adds to your brand’s continued success and expansion by acting as a testament to its durability and reliability.

Why To Trademark A Phrase Through A Legal Website?

A trademark application filed via a legal website has various benefits. First of all, it is easily accessible and convenient, enabling people and companies to start the trademark registration process online from any location with an internet connection. Time is saved, and there is no longer a need to physically visit government or legal offices.

Second, platforms for submitting trademark applications are frequently simplified and easy to use on legal websites. These platforms usually walk users step-by-step through the application process, making sure that all required information is provided accurately and lowering the possibility of mistakes or omissions that could cause the registration process to be delayed or jeopardized.

Thirdly, filing a trademark through a legal website can be less expensive than hiring an established law firm or lawyer. A lot of legal websites make trademark services accessible to individuals and small businesses on a tight budget by providing reasonable pricing structures.

Additionally, legal websites frequently give users access to extra tools and resources, including tutorials, FAQs, and customer support agents who can help with any queries or worries during the trademark registration procedure.

Furthermore, submitting an application for a trademark via a respectable legal website can give you confidence in the completeness and accuracy of the document. These websites usually work with seasoned experts who are familiar with trademark laws and guidelines, which helps to guarantee that the application is properly prepared and filed.

How Do You Trademark A Phrase in 2024? (Step By Step Guide)

Step 1: Choose How to Apply

The first step in trademarking a phrase is to decide how you will go about the application process. You can apply directly through the United States Patent and Trademark Office (USPTO), use an online legal service, or hire a trademark attorney. Applying directly through the USPTO is often the most cost-effective option, but it requires a thorough understanding of the trademark process and the associated legal requirements. Online legal services can simplify the process by guiding you through each step, but they usually charge a fee for their assistance. Hiring a trademark attorney is the most comprehensive option, as an experienced lawyer can provide customized advice, handle the paperwork, and represent you in case of legal challenges. However, this option is also the most expensive. Your choice will depend on your budget, familiarity with legal procedures, and the complexity of your trademark needs.

Step 2: Check the Fees

The USPTO provides a fee schedule that outlines the expenses associated with different aspects of the application process. The fees can vary depending on whether you choose the TEAS Plus, TEAS Standard, or TEAS RF (Reduced Fee) application, each of which has different requirements and pricing. TEAS Plus, for example, is the least expensive but has the strictest requirements, while TEAS Standard is more flexible but costs slightly more. Additionally, there may be fees for additional services, such as amending an application or filing an appeal. It’s crucial to review the current fee schedule on the USPTO website and budget accordingly.

Step 3: Search for Similar Trademarks

Conducting a thorough search for existing trademarks is a critical step before submitting your application. The USPTO’s Trademark Electronic Search System (TESS) is a powerful tool that allows you to search the database for existing trademarks that may be similar to your phrase. This search is essential to avoid potential conflicts and ensure that your phrase is eligible for trademark protection. When using TESS, you should search not only for identical phrases but also for variations and similar-sounding trademarks that could cause confusion. A comprehensive search can help you identify potential obstacles and avoid costly legal disputes down the line. If you’re unsure about how to conduct a proper search, consider seeking help from a trademark attorney or a legal professional who specializes in intellectual property.

Step 4: File Your Application

Once you’ve confirmed that your phrase is eligible for trademark protection, it’s time to file your application. The USPTO’s Trademark Electronic Application System (TEAS) is the platform you’ll use to submit your application. During the filing process, you’ll need to provide detailed information about your trademark, including a statement of use that explains how the phrase is used in commerce, examples of its previous use, and a drawing of the trademark if applicable. Additionally, you’ll need to submit a specimen, which is a sample showing how the phrase is used in connection with the goods or services you’re seeking to protect. The application will also require you to pay the filing fee, which varies based on the type of application you choose. Accuracy and completeness are crucial during this step, as any errors or omissions can lead to delays or rejection of your application.

Step 5: Start Using Your Trademark

While your application is being reviewed, you can start using the TM (trademark) or SM (service mark) symbols to indicate your claim to the phrase. These symbols provide a level of protection by notifying others of your intent to trademark the phrase, even before it’s officially registered. Once your trademark is registered, you can use the ® symbol, which signifies that your trademark is officially recognized and protected by law. This official registration gives you exclusive rights to use the phrase in connection with your specified goods or services, providing legal protection against unauthorized use by others. It’s important to continue using your trademark consistently in commerce to maintain your rights and avoid challenges to your trademark in the future.

If you need assistance with the process, you can seek help from legal professionals through platforms like Trademark Registration Agency. They provide access to experienced lawyers who can guide you through the trademark registration process efficiently.

What Are Filling Fees For Trademarking A Phrase?

The filing fees for trademarking a phrase directly through the USPTO’s Trademark Electronic Application System (TEAS) depend on the chosen option:
1. TEAS Plus: This option has a basic filing fee of $250. If you need to include additional classes of goods or services, there’s an upfront fee of $125 per class. With TEAS Plus, you’ll have the advantage of receiving further communications via email.
2. TEAS Reduced Fee: The basic filing fee for this option is $275. You have the flexibility to pay $125 later if you need to add additional classes of goods or services. Similar to TEAS Plus, you’ll receive further communications via email.
3. TEAS Regular: This option requires a basic filing fee of $400. If you need to add more classes of goods and services, there’s a separate fee. Additionally, you have the option to submit further application materials outside of the TEAS system.

Is Trademarking A Phrase The Same As Copyrighting It?

Trademarking a phrase and copyrighting it are two distinct forms of intellectual property protection, each serving different purposes.

Trademarking a phrase involves registering it with a government authority, such as the United States Patent and Trademark Office (USPTO) in the United States. This process aims to protect the phrase’s use in connection with specific goods or services, distinguishing them from competitors in the marketplace. Trademarks are typically used to identify the source of goods or services and to prevent consumer confusion. Examples of trademarked phrases include brand names, slogans, and taglines.

On the other hand, copyrighting a phrase involves protecting it as a creative work of authorship. However, copyright protection generally applies to longer literary, artistic, or musical works, rather than short phrases or slogans. Copyright automatically applies to original works as soon as they are created and fixed in a tangible form, such as writing or recording. While copyright protection may extend to longer written works that include phrases, it does not specifically protect short phrases or slogans in the same way that trademarks do.

When And What Are The Renewal Costs After Trademarking A Phrase?

Renewal costs for a trademark registration typically occur periodically after the initial registration. In the United States, for example, trademark registrations must be renewed every 10 years to maintain their validity. The renewal process involves filing a declaration of continued use or excusable non-use, along with the payment of renewal fees.

As for the renewal costs, they vary depending on the jurisdiction and the type of trademark registration. In the United States, the renewal fee for a trademark registration is determined by the USPTO and can range from a few hundred to several hundred dollars, depending on factors such as the filing method and the number of classes of goods or services covered by the registration.

It’s important for trademark owners to stay vigilant and keep track of their renewal deadlines to avoid the unintentional abandonment of their trademark registrations. Failure to renew a trademark registration in a timely manner can result in the loss of valuable rights and require costly and time-consuming efforts to regain protection.

Contact Us!

Please feel free to reach out to us for more information on trademarking a phrase. Our team is here to assist you with any questions or concerns you may have. Whether you’re seeking guidance on the trademark registration process, want to understand the benefits of protecting your intellectual property, or have specific inquiries about our services, we’re ready to help. Contact us today to learn more and take the first step towards safeguarding your creative expressions and building a strong foundation for your brand’s success.

Sissie Hsiao

Sissie Hsiao is the Vice President of Content Marketing and an innovator at heart. With a deep expertise in law, she specializes in the cutting-edge application of trademark and copyright. Sissie's unique blend of legal knowledge and marketing acumen drives her passion for developing forward-thinking content strategies that protect and promote creative works.