How to Trademark a Phrase

Trademarking a phrase helps protect your brand, business, or creative work. Whether you’re a business owner, content creator, or entrepreneur, securing a trademark can prevent others from using your phrase in a way that confuses customers or dilutes your brand identity. Companies have successfully trademarked well-known phrases, such as Nike’s “Just Do It” or McDonald’s “I’m Lovin’ It.”

Trademarks provide exclusive rights to a phrase within a particular industry, preventing competitors from using it in a way that could mislead consumers. Without a registered trademark, another company could register a similar phrase and restrict your ability to use it in commerce. This is why conducting a trademark search and registering early can be beneficial for long-term brand protection.

This guide will walk you through the federal trademark registration process, including how to conduct a search, select the right class, file an application, and maintain your trademark rights.

Can you trademark a phrase?

A phrase can be trademarked if it meets certain legal requirements. To qualify for trademark protection, a phrase must be distinctive and used in commerce. This means the phrase should be tied to goods or services sold under that name.

Trademark vs. Copyright

While trademarks and copyrights both protect intellectual property, they serve different purposes. A trademark protects brand identifiers such as names, logos, and slogans, helping ensure no one else uses them in a confusingly similar way. A copyright, on the other hand, protects original creative works such as books, songs, or films. If a phrase is part of a book or a song lyric, it would typically fall under copyright law rather than trademark law.

Phrases That Cannot Be Trademarked

Not all phrases qualify for trademark protection. Here are some examples of phrases that generally cannot be trademarked:

• Generic phrases: Everyday expressions like “Fresh Coffee” or “Best Burgers” are too common to be protected.
• Commonly used slogans: Phrases like “Have a Nice Day” or “Thank You” are widely used in everyday language and cannot be exclusively owned by one company.
• Descriptive phrases: A phrase that simply describes a product, such as “Cold Ice Cream,” is not eligible unless it gains secondary meaning, meaning consumers associate it specifically with a single company.
• Government or misleading phrases: Phrases that suggest a false government endorsement or mislead consumers about a product’s origin may also be ineligible for trademark protection.

Conduct a trademark search

Before applying for a trademark, check to see if your phrase is already in use. Conducting a thorough search helps you avoid legal conflicts and potential rejections. You may need a trademark lawyer or trademark filing service to help with this.

Where to Search for Existing Trademarks

• USPTO trademark search system: Use the USPTO’s trademark search system to check for existing trademarks that might be similar to yours.
• State trademark databases: Some trademarks are registered only at the state level, so check your state’s trademark database.
• Common law search: Even if a phrase isn’t officially registered, it may still have legal protection under common law if another business has been using it in commerce.
• International trademark databases: If you plan to operate globally, search the WIPO Global Brand Database for international trademarks.

Why Trademark Searches Are Important

A trademark search is essential because it helps identify potential conflicts before you invest in branding, marketing, and product packaging. If your phrase is already in use, you could face legal disputes from the trademark owners or be forced to rebrand, which can be costly and time-consuming. Trademark searches also help prevent unintentional infringement, helping ensure that your brand is unique and legally protectable.

Determine the right trademark class for your phrase

When filing a trademark application, you must specify the trademark class that applies to your phrase. The Nice Classification (NCL) system organizes trademarks into 45 different classes — 34 for goods and 11 for services.

For example:

• A clothing company using a phrase on T-shirts would file under Class 25 (clothing, footwear, headwear).
• A business using a phrase for marketing or branding services would file under Class 35 (advertising and business services).

Selecting the right class is important because trademarks only protect the phrase within the specific class or classes you apply for. If another business is using a similar phrase in a different class, both trademarks may still be valid.

Businesses should also consider future expansion. If your company currently sells apparel but may later introduce digital products, filing in multiple classes may help protect your phrase across different industries.

Common Trademark Class Mistakes to Avoid

• Choosing the wrong class: Registering your phrase under the wrong category may not provide the protection you need. This could result in legal disputes or difficulty enforcing your trademark.
• Not considering future use: If you plan to expand into new product lines or services, registering under multiple classes may be beneficial.
• Failing to check similar trademarks: Even if a phrase isn’t exactly the same, a similar mark in the same class can create conflicts.

Prepare your trademark application

Once you’ve completed your search and determined the appropriate class, you’ll need to gather the required information for your application. The United States Patent and Trademark Office (USPTO) requires the following details:

• Applicant’s name and address
• Legal entity type (for example, sole proprietorship, limited liability company, or corporation)
• The phrase you’re trademarking
• The trademark class for your phrase
• A specimen showing the phrase in commercial use (e.g., product packaging, advertisements, or website screenshots)
• One or more filing bases. This tells the USPTO why you’re registering the trademark. There are different filing bases, and each one has specific rules you must follow before your trademark can be officially registered. Some filing bases apply if you’re already using the trademark in business, while others are for trademarks you plan to use soon.
• A description of the goods or services associated with the phrase. You’ll need to have correctly classified goods and services with identifications selected from the ID Manual in the Trademark Center

You’ll also need to decide whether to file for a standard character mark (text-only) or a stylized/logo mark (specific design and font).

Submit your application and pay fees

Once your application is ready, file it through the USPTO’s Trademark Center. As of January 18, 2025, the USPTO charges $350 per class of goods or services. Additional fees may apply:

• $100 per class for missing required information
• $200 per class for using free-form descriptions instead of pre-approved ones
• $200 per class for exceeding character limits in specific fields

After submitting your application, the USPTO will review it, which can take 12 to 18 months. If the USPTO examining attorney requests additional information or if another party files an opposition, the process can extend beyond two years. If there are no objections, your trademark will be published for public opposition before final approval.

Monitor your trademarked phrase

Trademark protection doesn’t end after registration. You must actively monitor and protect your phrase to prevent unauthorized use.

How to Check Your Trademark Status

• Use the USPTO’s trademark status tool to track your application.
• Periodically search for unauthorized use of your phrase online.
• If infringement occurs, consider sending a cease-and-desist letter or consulting a trademark attorney.

Next Steps After Trademarking a Phrase

After registering your trademark, remember to maintain it by filing the required renewal documents:

• Between the 5th and 6th year: File a Section 8 Declaration of Use to confirm that the trademark is still in active use.
• Between the 9th and 10th year: File both a Section 8 Declaration of Use and a Section 9 Renewal Application to renew the trademark for another 10 years.
• Every 10 years thereafter: File a Section 9 Renewal Application to keep the trademark valid.

Trademarking a phrase can be a valuable step in protecting your brand. If you’re considering filing for a trademark, researching trademark classes and conducting a comprehensive trademark search will help you get it right the first time.

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