how to trademark a phrase

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In one way, it’s as easy as filling out an online form. Want High Quality, Transparent, and Affordable Legal Services? No other shoe company besides NIKE can put on a marketing campaign, NOTE: If a proposed trademark consists of a phrase that is entirely generic, descriptive, informational, or is otherwise not being used as a trademark vis-a-vis the goods sold by the trademark holder, the phrase will not be considered a “trademark” and will be denied registrability by the USPTO.Successful companies employ clever branding strategies to make their brands known and instantaneously recognizable. Accordingly, the term "APPLE" is actually a pretty strong trademark, as is the case when you apply a completely arbitrary term (however common it may be) to promote your products or services.The case would be much different if someone wanted to get a trademark on the word "APPLE" in connection with the sale of apples (the fruit). You can Trademarking a phrase prevents someone else from using it for a product or service that could be mistaken for yours. Getting secondary meaning status is not easy. Phrases eligible for trademark registration include catch phrases, taglines, slogans, and mottos. Please check your work carefully – even the slightest mistep, procedural or substantive, can invite a trademark office action from the USPTO.If your branding strategy includes the use of a catchy phrase or slogan, you should absolutely trademark your phrase. In 2007 the USPTO rejected a trademark application for the word PODCAST. Remember, Common Law Trademark rights are earned immediately upon use but DO NOT extend throughout the USA. How long is the process? In their final Office Action, they stated: "The mark immediately describes and names the characteristics and features of the goods. Include your email address to get a message when this question is answered.This process is not confidential. Renewing a trademark. Create your phrase . If no company opposes your mark, congratulations! The exception is if the slogan is found to have "secondary meaning." This kind of phrase can be an important part of marketing your product or service. A catch phrase is an expression commonly used by a real or fictional person. And, given the long waiting periods, a mistake can set you back several months.

There are a number of active trademarks that use the word PODCAST, but they all contain the standard disclaimer: "NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE 'PODCAST' APART FROM THE MARK AS SHOWN".There are 4 general steps to getting your trademark, Do you like wasting money? Thus, if you are a company with ambitions to tackle markets outside of your immediate neighborhood, it is worthwile to trademark your phrase by submitting an application to the USPTO.Perhaps. By continuing to use this website, you agree to the use of cookies. Was this document helpful?

The Trademarked Phrase must actually be used in conjunction with the sale of a product or service1. Trademark laws vary by where you are located or where your goods are being sold. A trademarked phrase identifies your specific product or service and distinguishes it from similar products or services [source: Simon]. You may optionally register in one or more US states or in the federal USPTO. In another way, there are some complexities. S Corporation Formation Lawyers That means a trademark can only be enforced in the business class where it is registered. Today’s Internet is tomorrow’s “internet,” and each passing decade promises to standardize and genericize more and more innovations. By using our site, you agree to our Is it possible to trademark a phrase that contains another trademarked phrase? Please check the trademark phrase examples I noted in the above trademark article including Geico and Progressive insurance corporations. I've noticed that some youtubers trademark certain phrases in their titles when they have a series. UpCounsel hires only the very best attorneys and works with top companies like Google, Menlo Ventures, and Airbnb.

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