How to trademark a logo
How to trademark a phrase does not actually differ from a regular trademark registration, but it is essential that you know what to look out for and which phrases cannot be registered as a trademark.
Can you trademark phrases?
It is possible to trademark phrases. Actually, this is no different than registering your brand name or logo, so there are a few requirements that a phrase must meet in order to be eligible for trademark protection. The phrase must be unique and not already being used by someone else, and it must be used in commerce to identify and distinguish the goods or services of a particular company or individual.
What phrases can not be trademarked?
There are certain types of phrases that cannot be trademarked. These include:
- Generic terms: Generic terms are words or phrases that describe a product or service, rather than distinguishing it from the goods or services of others. For example, “book” is a generic term that cannot be trademarked.
- Descriptive terms: Descriptive terms are words or phrases that describe a characteristic or feature of a product or service. These types of phrases cannot be trademarked unless they have acquired a secondary meaning, which is a meaning that is associated with a particular company or brand.
- Misleading terms: Phrases that are misleading or deceptive cannot be trademarked. For example, a phrase that implies that a product has a certain feature or benefit when it does not cannot be trademarked.
- Scandalous or offensive terms: Phrases that are considered scandalous or offensive cannot be trademarked. This includes phrases that are obscene, vulgar, or derogatory.
- Merely ornamental phrases: Phrases that are used solely for decorative purposes cannot be trademarked.
It is important to note that these rules apply to trademarks in general, not just phrases. All trademarks, including phrases, must meet these requirements in order to be eligible for trademark protection.
How hard is it to trademark a phrase?
Registering a phrase as a trademark is not immediately complicated, but going through the entire procedure correctly can be. For example, you not only have to investigate whether your trademark is available, but you also have to determine whether the phrase has sufficient distinctive character not to be refused on those grounds.
In addition, there are various moments in the procedure and during the validity of the registration at which you must respond in time to prevent your trademark rights from expiring. For example with an office action or statement of use.
Process of trademarking a phrase step-by-step
The procedure for trademarking a phrase does not actually differ from that of a regular trademark registration. For example, it is important that you first do a trademark search before registering. In addition, the scope of protection must be optimized to prevent your trademark from not getting the right protection, so that you cannot demonstrate use and your rights therefore lapse or you cannot act against other parties who commit trademark infringement.
To make sure you don’t make mistakes, here is a step-by-step guide to the process of trademarking a phrase:
- Conduct a trademark search: Before you start the trademark registration process, it is important to make sure that the phrase you want to trademark is available. You can do this by conducting a trademark search, which will allow you to see if the phrase is already being used by someone else.
- Choose the right type of trademark application: There are two types of trademark applications that you can file: an intent-to-use application or a use-based application. An intent-to-use application is filed before the trademark is being used in commerce, while a use-based application is filed after the trademark is already being used in commerce.
- File your trademark application: To file your trademark application, you will need to complete an application form and submit it to the United States Patent and Trademark Office (USPTO) along with any required documents and the required fee.
- Wait for a response: After you have filed your trademark application, the USPTO will review it to make sure that it meets all of the necessary requirements. This process can take several months.
- Respond to any office actions: If the USPTO has any questions or concerns about your trademark application, they will send you an office action. You will need to respond to the office action within a certain time frame, usually within six months.
- File a statement of use (if required): If you have filed an intent-to-use trademark application, you will need to file a statement of use once you have started using the trademark in commerce. This will require you to provide the USPTO with a specimen showing how you are using the trademark and a signed declaration that you are using the trademark in commerce.
- Wait for your trademark to be registered: If your trademark application is approved, your trademark will be registered. This process can take several months.
How much does it cost to trademark a phrase?
The cost of trademarking a phrase varies depending on a number of factors, including the type of trademark application you file and the services you use to assist with the process.
To trademark a phrase, you will need to file a trademark application with the United States Patent and Trademark Office (USPTO). The fees for filing a trademark application range from $225 to $400, depending on the type of application you file and the class of goods or services that you are registering.
In addition to the filing fee, you may also incur other costs as part of the trademark registration process. These may include legal fees for assistance with the application process, fees for searching existing trademarks, and fees for responding to office actions.
Overall, the cost of trademarking a phrase can range from a few hundred dollars to several thousand dollars, depending on the specific circumstances of your case. It is a good idea to consider all of the potential costs before you decide to pursue trademark registration.
