Can you make money by trademarking a phrase?
Asked by: scraper | Last update: September 1, 2026Score: 0/5 (0 votes)
Yes, you can make money from a trademarked phrase, but you cannot make money simply by sitting on the trademark itself. To monetize a phrase, you must actively use it in commerce to sell specific goods or services, or build its brand value so others pay to use it.
Is it worth trademarking 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.
Can you make money off trademarking a phrase?
Once you've come up with a creative name, logo, and slogan and they are federally registered, you now are ready to monetize your trademarks. Options include: Licensing your trademark and allowing another company to use it for particular goods and services. Trademark licensing is fairly common.
How much money to trademark a phrase?
Whatever the Cost, Seek Legal Assistance
The total cost to trademark a phrase typically ranges from $1,000 to $5,000 for a straightforward federal registration in one class, including attorney services and USPTO fees, though complex situations involving multiple classes or international protection can exceed $10,000.
What happens if you trademark a phrase?
When a company trademarks a phrase, it is claiming a proprietary right to the phrase in conjunction with a specific set of goods/services. No other shoe company besides NIKE can put on a marketing campaign, Just Do It, because Nike owns the trademark on this powerful phrase.
How to Trademark a Phrase
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 hard to trademark a phrase?
Trademarking a commonplace expression is a complex and challenging process. While some exceptions exist, nonprofits should carefully consider the distinctiveness, genericness, and public policy implications before attempting to trademark commonly used phrases.
Do I need a lawyer to trademark a phrase?
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.
Is it better to trademark or LLC?
You don't have to choose—they serve entirely different purposes. An LLC protects your personal assets from business lawsuits, while a trademark protects your brand identity from copycats.
What are common trademark mistakes?
Failure to Consider Potential Scope of Use
A company often fails to consider the scope of use of the mark. The initial plan may be to use a proposed mark in connection with only one or a few products. But as the brand develops there may be a desire to expand the use to related or even unrelated products and services.
What is the 5 year rule for trademarks?
Once a trademark registration is more than five years old it becomes more difficult to invalidate the trademark rights. If the registration is less than five years old, the party challenging the trademark rights can rely on any ground that could have prevented registration initially.
How many views do I need to make $10,000 a month on YouTube?
On average, YouTubers earn $0.001 to $0.01 per view, depending on their CPM. For example, a video with 1 million views might earn between $1,000 and $10,000, depending on the niche and audience demographics.
Can IP be bought and sold?
If you or your business own intellectual property, you have a choice of whether to use it for yourself, license it, or sell it.
How long does it take to trademark a phrase?
Trademarking a phrase in the U.S. typically takes 12 to 18 months. The timeline heavily depends on the queue at the U.S. Patent and Trademark Office (USPTO) and whether you face any legal objections (known as Office Actions) along the way.
What names cannot be trademarked?
Non-trademarked names, or generic terms, are words that define a product or service category rather than a specific brand. Examples include "computer," "pizza," "coffee," or "bank". Unlike brand names, these cannot be exclusively owned because they are essential for public communication and competition.
What is the rule 37 of trademark?
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 ...
What is the 3 month rule for copyright?
A person who has preregistered a work is required, in order to preserve the legal benefits of preregistration, to register such work within one month after the copyright owner becomes aware of infringement and no later than three months after first publication.
What cannot be used as a trademark?
Trademarks protect brand identifiers like logos, names, and slogans. You cannot trademark anything that is generic, functional, descriptive, or deceptive.
What makes a trademark weak?
Descriptive Terms: Weak trademarks use common words that directly describe the product or service they represent. This lack of distinctiveness makes them challenging to enforce against potential infringers.
What is the LLC loophole?
The "LLC loophole" generally refers to a tax strategy where business owners utilize a Limited Liability Company (LLC) to reduce their tax burden. Because LLCs allow for "pass-through" taxation, business owners can avoid corporate income taxes, pay lower self-employment taxes, or unlock regional tax incentives.
What is the average cost of a trademark?
As of this writing, a California trademark filing costs $70.
What names to avoid for LLC?
When choosing an LLC name, avoid restricted, misleading, and heavily trademarked terms to prevent immediate state rejection or future legal trouble. Key categories to avoid include:
What phrases are not trademarked?
Generic terms can never receive trademark protection. They are words or symbols that communicate what type of product or service is being offered.
Did Taylor Swift trademark her name?
Yes, Taylor Swift has extensively trademarked her name. She first applied to trademark "Taylor Swift" in 2007 and has since secured dozens of trademarks protecting her full name, the name "Swift," and her signature across various merchandise categories (like clothing, jewelry, and instruments).
Do you need a logo for a trademark?
Although you can apply for trademark protection for your name and logo concurrently, each is considered a separate mark. As such, each mark (i.e. your standard character mark and your design mark) requires its own application.