How to determine if a phrase is trademarked?
Asked by: Brock Collier PhD | Last update: February 18, 2026Score: 4.6/5 (65 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 to see if a phrase is trademarked?
The most reliable way to check if a phrase is trademarked in the United States is by using the United States Patent and Trademark Office (USPTO) database. The USPTO's Trademark Electronic Search System (TESS) is a free tool that lets you search for registered trademarks and pending trademark applications.
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.
How do you legally trademark a phrase?
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.
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 If A Phrase Is Trademarked
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.
How do I check if a quote is copyrighted?
Search the Copyright Public Catalog: Use the U.S. Copyright Office's online catalog to identify if the quote appears in a registered work. Search the Trademark Electronic Search System (TESS): This USPTO tool helps you locate trademarks registered for specific phrases.
How expensive is it to trademark a phrase?
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 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 hard is it to trademark a phrase?
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 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.
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 words cannot be trademarked?
You cannot trademark words that are generic (like "coffee" for coffee), merely descriptive (like "creamy" for yogurt), deceptive, scandalous/offensive, geographically descriptive (unless secondary meaning is proven), or common surnames, because these words must remain free for public use and lack distinctiveness for a single brand, though exceptions exist for surnames like "Disney" with secondary meaning.
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.
What are common trademark mistakes?
Common trademarking mistakes include, but are not limited to: Poor choice of brand name. Your business name should resonate with your target customer and express what you do using a strong, memorable image or word. Failing to perform a complete search of trademark databases.
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 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.
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.
What are the three requirements for trademarks?
A good trademark needs to be distinctive (unique, not generic/descriptive), non-functional (not a necessary part of the product), and must be genuinely used in commerce to sell or advertise goods/services, preventing customer confusion and establishing brand identity. These core legal requirements ensure the mark serves its purpose as a source identifier for consumers.
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.
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.
How long does it take to trademark a phrase?
While there are ways to expedite the trademark registration process, you should count on about 10-18 months to have your trademark approved.
How to look up 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.
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 phrases are not copyrighted?
The Copyright Office's regulations provide that “words and short phrases such as names, titles, and slogans” are not subject to copyright because they contain a de minimis amount of authorship. 37 C.F.R. § 202.1; see also U.S. Copyright Office, Compendium of U.S. Copoyright Office Practices § 313.4(C) (3d ed.