Can I trademark a catchphrase?
Asked by: Erwin Reynolds | Last update: April 8, 2026Score: 4.8/5 (67 votes)
Yes, you can trademark a slogan (also called a tagline or catchphrase) in the U.S. if it's distinctive and identifies your specific goods or services, not just describes them; famous examples include Nike's "JUST DO IT!" and McDonald's "I'm Lovin' It," but generic phrases like "Best Quality" usually aren't eligible. You register it with the United States Patent and Trademark Office (USPTO) to gain exclusive rights, preventing competitors from using it and causing consumer confusion, though descriptive slogans may need to prove "secondary meaning" (strong brand association) to be fully protected.
Can you trademark a catchphrase?
Catch phrases can be trademarked if they are used as a brand identifier for a product or service. The words themselves cannot be trademarked on their own unless they are used within commerce.
How much does it cost to trademark a catchphrase?
The cost to trademark a phrase is between from $250 to $350 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest way to submit an application to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).
What phrases can you not trademark?
What Words Cannot Be Trademarked?
- Generic Terms. (Example: “Coffee” for a coffee shop) ...
- Descriptive Terms Without Distinctiveness. (Example: “Best Miami Plumber”) ...
- Geographically Descriptive Names. (Example: “Orlando Roofing Services”) ...
- Surnames (Last Names) (Example: “Johnson Plumbing”) ...
- Common Phrases or Industry Terms.
Is it worth trademarking a phrase?
Yes, it's almost always worth trademarking a distinctive phrase if it's central to your brand, as it grants exclusive rights, prevents consumer confusion, offers legal protection against infringers, and builds significant brand equity, although it involves costs for filing, maintenance, and enforcement. While enforcement can be challenging for small businesses, trademarking provides essential ownership and the ability to stop competitors from using your hard-earned brand identity.
Trademark Your Slogan Like a Pro: Essential Tips for Success | ✅ Step-By-Step Trademark Protection
Is it better to trademark or LLC?
An LLC (Limited Liability Company) creates a legal business structure that separates personal and business assets for liability protection, while a trademark protects your brand identity (name, logo, slogan) to prevent consumer confusion, with an LLC being the foundation and a trademark securing your brand's unique identifiers, serving different but complementary roles in business formation and protection. You usually form the LLC first as the legal entity and then register a trademark to protect your specific brand name and logo used within that business.
How to coin a phrase legally?
6 Steps to Trademark a Phrase
- Step 1 – Come Up With an Original and Unique Phrase. ...
- Step 2 – Make Sure Nobody Else is Using the Phrase. ...
- Step 3 – Choose the Appropriate Class and Filing-Bases For the Trademark. ...
- Step 4 – Consult With an Attorney. ...
- Step 5 – Submit a Trademark Application. ...
- Step 6 – Wait.
What word did Kim Kardashian try to trademark?
Kim Kardashian is again brewing up a social media storm – this time over her application to trade mark the word “Kimono” for her new range of shapewear.
What is the rule 37 of trademarks?
Further, Rule 37 of Trade Marks Rules, 2017 states that an applicant for registration of a trademark may, whether before or after acceptance of his application but before the registration of the trademark, apply in Form TM-M accompanied by the prescribed fee for the correction of any error in or in connection with his ...
How can I tell if a phrase is trademarked?
To check if a phrase is trademarked, use the USPTO's TESS database, searching for exact matches and similar variations in the "Word and/or Design Mark Search (Free Form)" to find registered marks and pending applications, remembering that usage creates rights, so also check state databases and conduct general web searches for common law uses before consulting a professional for clearance.
Do I need a lawyer for trademarking?
Do You Need to Hire an Attorney to Federally Register a Trademark? No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO). That being said, you really ought to hire an attorney if you can afford one.
Can you make money by trademarking a phrase?
Is it really possible to make real money with trademarks? Of course it is! You can ask the owner of the phrase “Let's get Ready to Rumble” who has made well over $400 million in licensing revenue according to ABC. And there are countless other companies, brands, and entrepreneurs that profit from trademarks.
Is it better to trademark a name or logo?
Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself. With their generous set of rights, standard character marks allow you to preserve near-complete control over your business name.
What phrases have been trademarked?
Here are seven examples of individuals who were more successful in turning their catchphrase into a trademark -- and in some cases, a hefty profit.
- "Three-peat" ...
- "Let's Get Ready to Rumble!" ...
- "Let's Roll" ...
- "That's Hot" ...
- "Bam!" ...
- "Goodnight my sweet Anna baby" ...
- "They are who we thought they were"
How do I protect my slogan?
How best to protect your company slogan is a business decision. If nobody else in your market area in your field of work is using that slogan, you can claim it as a trademark. If you print it on your cards, be sure to use the TM symbol beside it to show the public that you are claiming it as a trademark.
How hard is it to trademark a saying?
Trademarking a common phrase can be challenging, as trademark law generally aims to protect distinctive and unique marks that can differentiate goods or services in the marketplace. Common phrases that are widely used and lack distinctiveness may be considered too generic to qualify for trademark protection.
What are the 4 types of trademarks?
The four main types of marks registered with the USPTO are Trademarks, Service Marks, Certification Marks, and Collective Marks; however, marks are also categorized by strength (fanciful, arbitrary, suggestive, descriptive, generic), which determines protection levels, with fanciful (like Kodak) being strongest and generic (like "Aspirin") having none.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
How long does a trademark last?
Trademarks do not have expiration dates.
A federal trademark lasts 10 years from the date of registration, with a potentially unlimited number of 10-year renewal terms. So, every 10 years, the owner of a federal trademark registration must renew it with the U.S. Patent and Trademark Office (USPTO).
What words cannot be trademarked?
Descriptiveness / lack of distinctiveness: Terms that literally describe items as they are ("tomato," "beer," "copper" or any other common word) cannot be trademarked as they must be reserved for general use. Similarly, marks that fail to indicate a particular commercial enterprise to consumers will not be registered.
Is Taylor Swift's name trademarked?
Yes, Taylor Swift has a massive trademark portfolio protecting her name, albums (like Midnights, 1989), iconic lyrics ("This Sick Beat," "The Old Taylor Can't Come to the Phone Right Now"), tour names, and even her cats (Meredith, Olivia, Benjamin) and fan terms ("Swifties," "Swiftmas") for various products and services. Her proactive strategy covers a wide range of merchandise and commercial uses to maintain brand control.
Who is richer, Kim or Kylie?
Kim Kardashian is significantly richer than Kylie Jenner, with Kim's net worth estimated around $1.9 billion thanks to her SKIMS brand, compared to Kylie's roughly $670-$710 million from Kylie Cosmetics and other ventures, making Kim the wealthiest of the Kardashian-Jenner siblings as of early 2026.
Is it worth it to trademark a phrase?
Yes, it's almost always worth trademarking a distinctive phrase if it's central to your brand, as it grants exclusive rights, prevents consumer confusion, offers legal protection against infringers, and builds significant brand equity, although it involves costs for filing, maintenance, and enforcement. While enforcement can be challenging for small businesses, trademarking provides essential ownership and the ability to stop competitors from using your hard-earned brand identity.
Can a catchphrase be copyrighted?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks.
How do I trade mark a slogan?
Yes, you can trademark a phrase, tagline, or catchphrase for your brand by registering it with the United States Patent and Trademark Office (USPTO). To qualify, your phrase must be distinctive, non-generic, and used in connection with commercial goods or services.