How hard is it to trademark a phrase?
Asked by: Damian Christiansen | Last update: July 17, 2026Score: 5/5 (23 votes)
Trademarking a phrase is a moderately difficult, time-consuming (8–18 months), and costly ($225–$400+ in fees) legal process that requires the phrase to be highly distinctive rather than merely descriptive or generic. The process involves extensive searching, filing with the USPTO, and proving use in commerce, often requiring legal expertise to avoid rejections.
Is it worth it to trademark a phrase?
If you want to ensure your phrase is inherently linked to your brand and business, it is definitely worth the effort to invest in a trademark registration to protect your rights to your awesome catchphrase. (Think of the t-shirts you can potentially sell!)
What is the average cost to trademark a phrase?
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.
How easy is it to trademark a phrase?
Obviously gaining trademark protections can be difficult. However, if one can prove that the catch-phrase they wish to use is unique enough, distinctive enough, and exclusive enough to be considered that person's or company's property, then trademark protections may be granted.
Is it hard 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.
Should I Trademark My Logo or My Business Name?
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.
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.
What happens if I trademark a phrase?
The phrase you trademark is only protected against use by other businesses in the same business class. The trademark must identify your business as the source of goods or services.
Did Taylor Swift trademark her name?
Yes, Taylor Swift has aggressively and comprehensively trademarked her name. She owns more than 150 trademarks covering her branding, with her intellectual property managed by TAS Rights Management in Nashville.
Which is better, TM or R?
Each letter represents the type of legal rights the mark is protected by. A mark followed by a TM (™) indicates a common law trademark, while R (®) represents the more formal registered trademark.
Do I need a lawyer to trademark a phrase?
Do you legally need an attorney to file or register a trademark? The answer is no. Then why do trademark attorneys exist? And why should you hire one to help you register your mark?
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.
Is it cheaper to copyright or trademark?
The USPTO says the base application filing fee for a trademark is $350 per class if the application meets the requirements, with added fees possible for missing information or custom identifications. The Copyright Office lists $45 for one narrow electronic filing type and $65 for the standard application.
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 for trademark?
- 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 application or any amendment of his application: ...
What are the disadvantages of a trademark?
This article will take you through 5 disadvantages of trade marks.
- Trade Mark Classes Cannot Be Altered. One key difficulty with trade marks is that you cannot alter trade mark classes. ...
- Difficulty with Litigation. ...
- Renewals. ...
- Protection Limitations. ...
- Risk of Being Genericised.
Is McDonald's R or Tm?
TM Symbol Copy
It means the McDonald's company logo is a registered trademark and protected under the law.
Is the name Billie Eilish trademarked?
Logo ideas modeled on USPTO designs for BILLIE EILISH
BILLIE EILISH is a registered trademark (Registration #7373808) owned by Lash Music, LLC, a Beverly Hills based entity located in CA. The trademark was filed on 13 Apr 2023 with serial number (#97886576) and registered on 30 Apr 2024.
What did Billy Joel call Taylor Swift?
Billy Joel referred to Taylor Swift as "like that generation's Beatles". He praised her songwriting and work ethic, stating she "knows music and she knows how to write".
Can you make money by trademarking a phrase?
You can invent the most iconic word or phrase, but if there is not a market that would be interested in licensing or buying your trademark – it may not be a “money maker.” The way to create a marketable trademark is to think of your intended buyer or audience when creating it.
How can I tell if a phrase is trademarked?
To check if a phrase is trademarked, start by conducting a search in the USPTO Trademark Database. Trademarks are industry-specific, so verify whether the phrase is protected for the specific goods or services you intend to offer.
Can you get sued for using a trademarked name?
Suing for Trademark Infringement
If a person who owns a trademark thinks that someone else is using it without permission or authorization, they can take legal action by filing a lawsuit. Depending on the specific circumstances of the case, the lawsuit may be filed in either state or federal court.
Should I trademark my phrase?
Registering your slogan as a trademark can make you the rightful, exclusive owner of this phrase. This allows you to protect your brand identity and prevent your competitors from using it without your permission.
What are the three things not protected by copyright?
According to the U.S. Copyright Office and general intellectual property law, the three primary categories of items not protected by copyright are ideas (including methods and systems), factual information, and titles/short phrases. These are ineligible because they lack original authorship or are considered common property.
Is Chick-fil-A a trademark?
Trademark Information and Ownership of Intellectual Property
Chick-fil-A®, Chick-fil-A Stylized®, Chick-fil-A One®, the C Logo®, and other trademarks, service marks, and trade dress appearing on the Operator Online Service are the trademarks or service marks of CFA Properties, Inc.