How to check to see if a phrase is trademarked?
Asked by: Germaine Fay | Last update: February 28, 2026Score: 4.3/5 (19 votes)
To check if a phrase is trademarked, primarily search the U.S. Patent and Trademark Office's (USPTO) Trademark Electronic Search System (TESS) database at, looking for registered marks or pending applications for similar terms, then broaden your search with general web searches and check state databases for unregistered uses, as trademarks can exist through use even without federal registration, and always consider consulting a trademark attorney for complex cases.
How to check if a phrase is copyrighted or trademarked?
Go to the USPTO website. Use the “Trademark Electronic Search System (TESS)” to search. Enter your phrase in the search bar and examine the results.
How to check if quotes are copyrighted?
To check if a phrase is trademarked, search the United States Patent and Trademark Office (USPTO) database for trademarks. For copyright status, search the US. Copyright Office database. Additionally, you can use online trademark and copyright databases or consult legal professionals for thorough searches and advice.
Can I do a TM search myself?
Yes, you can do a basic trademark search yourself using the USPTO's free online database (TESS) to check for conflicting marks, which is a crucial first step to avoid application rejection and costly legal issues later, but a truly comprehensive search involves complex analysis (like "likelihood of confusion") and is often best left to a professional attorney to catch subtle similarities in marks, designs, and goods/services.
Are phrases copyrighted or trademarked?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, TrademarkAssistanceCenter@uspto.gov or see Circular 33, for further information.
How to Check Trademarks for Shirts and Mugs (VERY IMPORTANT)
What phrases are not trademarked?
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 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.
Is there a free trademark search?
Yes, you can search for trademarks for free using official government databases like the US Patent and Trademark Office (USPTO) database (TESS) for U.S. marks or the World Intellectual Property Organization (WIPO) Global Brand Database for international ones, plus third-party tools like TrademarkClear and LegalZoom offer basic free searches of the USPTO records. While basic searches for exact matches are simple, a truly comprehensive clearance search can get complex, so professional help might still be valuable for finding similar-sounding or looking marks and related goods/services.
What cannot be trademarked?
The following things cannot be registered as trademarks: Deceptive Words, Names, Phrases, Slogans (they are misleading) Merely Descriptive Words (e.g., Best ice cream, Red car) Merely Decorative Features (they don't identify source)
How to check if TM is available?
Focus on jurisdiction – For Indian protection, use the IPIndia trademark public search. Use both exact & phonetic search – To identify similar-sounding or closely related marks. Check global databases – If planning to expand internationally, verify availability in WIPO or USPTO.
What is the 3 month rule for copyright?
The "copyright 3 month rule" refers to a key deadline for U.S. copyright registration: you must register your work within three months of its first publication (or before infringement begins) to be eligible to claim statutory damages and attorney's fees in a copyright infringement lawsuit, which can be crucial for remedies beyond just an injunction. Failing to meet this deadline means you generally can only sue for actual damages (harder to prove) if infringement occurs, but registration is still vital for other benefits and to sue at all, notes Donahue Fitzgerald LLP and Cotman IP.
What quotes can I legally use?
You DON'T need permission:
To use quotes from famous people as long as they are used in a brief and positive or neutral way to support your independent work - and with prop- er attribution. To quote or reference the title or author of a work such as books, poems, movies, TV shows or songs.
How much does a trademark search cost?
There are two tiers of trademark search: High-level (basic brand search of trademark records at the USPTO): $500. Comprehensive (includes search of USPTO trademark records, search of state trademark registries, and unregistered uses found online): $1,800.
Can someone trademark a phrase?
Yes, it is possible to trademark a phrase for different categories of goods or services, as long as the phrase meets the requirements for distinctiveness and does not conflict with existing trademarks in those categories.
How do I check a TM status?
Use our online Trademark Status and Document Retrieval (TSDR) system to check your status and view and download documents. In the search box, enter your application serial number or registration number and select the Status or Documents buttons.
How much does a copyright checker cost?
The U.S. Copyright Office offers a search service for persons interested in investigating whether a work is under copyright protection and, if so, the facts of the copyright. For a fee of $200 per hour or fraction thereof (2 hour minimum), the office will search its public records and provide a report of its findings.
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 ...
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 are the 4 types of trademarks?
The four main categories of trademarks, ranked by strength, are Fanciful/Arbitrary, Suggestive, Descriptive, and Generic, with Fanciful/Arbitrary being the strongest (e.g., Kodak, Apple for computers) and Generic being the weakest (e.g., "Aspirin" for pain relievers, which cannot be trademarked). These categories determine how much distinctiveness a mark has and the level of legal protection it receives, with fanciful/arbitrary marks being inherently strong and generic terms never receiving protection.
How to find out 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.
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).
Is Google Patents search free?
Yes, Google Patents search is completely free, offering a user-friendly interface to search millions of patents from around the world, making it a powerful tool for prior art searches, competitive analysis, and general technical research without cost. While excellent for initial discovery and understanding existing technology, professional patent searches for high-stakes legal matters might still require paid databases due to potential limitations in real-time updates or data integrity for critical analyses.
Can I trademark a name myself?
Unlike surnames, personal names (first names and first names used with last names) can act as trademarks without proof of secondary meaning because they are considered to be inherently distinctive.
What comes first, trademark or registered?
If you want to claim a mark as your own before it has been officially registered, you can use the trademark symbol if you sell goods, ™, or the service mark symbol if you sell services, SM. You can use these even if you have not filed an application to register your mark.
What names cannot be trademarked?
You can't trademark names that are generic (like "Coffee" for coffee), merely descriptive (like "Fast Shipping" for delivery), misleading, or that use official government symbols or names; surnames are difficult unless widely recognized, and offensive terms are generally prohibited, all to keep common language and essential product descriptors open for public use.