How to look up if a phrase is trademarked?
Asked by: Paris Metz | Last update: May 22, 2026Score: 5/5 (51 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 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.
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 (TM) search yourself for free using the United States Patent and Trademark Office (USPTO) website, checking for exact matches and similar names for your goods/services, but it's challenging to find all similar marks (confusingly similar), unregistered (common law) marks, or international conflicts, so a professional search by an attorney is recommended for comprehensive clearance to avoid costly application rejections or disputes later, notes LegalZoom and Brown & Michaels, PC.
Can a trademark be 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.
How to Trademark a Phrase
Is it worth trademarking a phrase?
Yes, it's almost always worth trademarking a distinctive phrase if it's central to your brand, granting you exclusive rights, preventing consumer confusion, and building brand recognition (like Nike's "Just Do It"), though it requires investment in searches, filing fees, and potential legal help to secure your intellectual property.
What phrases are trademarked?
6 Trademarked Famous Catchphrases
- “You're Fired!”
- 2. “ Hasta la Vista Baby”
- 3. “ Ancient Chinese Secret”
- 4. “ BANANAS”
- “Let's Get Ready to Rumble!”
- 6. “ That's Hot”
- Learn more about our Translation Services and our Legal Translation services!
- About Language Connections:
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 government databases like the United States Patent and Trademark Office (USPTO) search system, which provides access to registered and pending applications. You can also find free tools and databases for basic searches on sites like LegalZoom or Trademarkia, and international searches through WIPO's Global Brands Database. While free searches are great for initial checks, a comprehensive search for similar names, logos, or related goods often requires a professional trademark attorney to avoid costly disputes.
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" in the U.S. refers to a key deadline for copyright owners: registering their work with the U.S. Copyright Office within three months of its first publication makes them eligible for significant benefits, including statutory damages and attorney's fees in infringement lawsuits, a remedy not available if registration occurs after infringement begins (unless within that three-month window). It's a strong incentive to register early, though copyright protection exists automatically upon creation, this timely registration unlocks powerful legal remedies.
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.
Can someone copyright a phrase?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks.
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 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.
How to tell if a song is copyrighted?
To know if a song is copyrighted, assume it is unless marked otherwise, then check databases like BMI, ASCAP, or the U.S. Copyright Office, look for licensing info (e.g., Creative Commons) on music platforms, or use a music identifier tool, but for commercial use, always aim to contact the rights holder for official permission or license.
How to find 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.
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.
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)
Can I put TM on my logo?
If your trademark is a logo or design, put TM or ® on the right side of your wordmark (names, terms, phrases) and in subscript so that it is in the lower-right corner. Alternatively, you can put the trademark symbol in the logo.
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 does "IP" stand for in trademark law?
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
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, granting you exclusive rights, preventing consumer confusion, and building brand recognition (like Nike's "Just Do It"), though it requires investment in searches, filing fees, and potential legal help to secure your intellectual property.
Where can I check copyright phrases?
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.
Can I trademark a common 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.