How To Trademark A Phrase - Goldstein Patent Law

Trying to trademark a phrase without the help of a trademark attorney or understanding the trademark registration process can leave your intellectual property unprotected and vulnerable to theft by competitors. Learn how to trademark a phrase properly to maintain exclusive trademark rights to your creative expression while avoiding costly legal battles that could derail your business.

How to Trademark a Phrase [2025 Guide]

The trademark registration process begins with choosing an original phrase, conducting a thorough search for similar trademarks, and determining your intended use for filing. To trademark a phrase, develop a source identifier to identify the commercial origin or source of a product or service. After identifying the trademark classification and application form, pay the filing fee and wait for the USPTO to approve your trademark.

Follow our detailed instructions on how to trademark a phrase that represents your business. Additionally, discover how a trademark attorney can complete the application to help you gain rights to use a registered trademark in your industry.

Trademark Application Process for Phrases

To trademark a phrase, you will submit an application online with the United States Patent and Trademark Office. Before you submit a trademark application to trademark a phrase, there are a few things to cover to successfully get a registered trademark.

1. Choose an Original and Distinct Phrase

One of the best branding techniques for marketing a business, goods, or services is to develop an associated phrase. A trademarked phrase well associated with a brand or specific goods can help increase brand recognition and connection with the consumer.

• Trademark registration success depends on selecting a phrase that is clearly distinct from your goods or services rather than using generic descriptions (like “delicious ice cream” for ice cream products).
• Generic phrases describing your product category will be rejected by the Trademark Office, as they cannot be exclusively owned by one business for commercial purposes.
• Select creative, non-obvious phrases that create a unique association with your product, such as “Unleash Your Inner Flavor Explorer” for ice cream, rather than descriptive terms.

Distinctive trademarks allow for stronger trademark protection and prevent competitors from using similar phrases in connection with comparable goods or services. A trademark attorney can help evaluate whether your proposed phrase might be considered too generic or descriptive for your specific product category. C.F.R. § 2.61(b) requires applicants to submit a clear explanation of how their trademark differs from existing ones.

2. Conduct Searches for Similar Trademarks

Before you submit your trademark application, conduct searches within the USPTO database for identical or similar phrases and corresponding goods or services. The results of this search will help you to make a firm decision on whether you should trademark a phrase, or if you should start thinking up new phrase ideas to trademark.

• You can conduct trademark searches for phrases using the USPTO’s Trademark Electronic Search System database, also known as TESS. Thoroughly research existing and pending trademarks that might be similar to your proposed phrase, especially within your product category.
• Check for pending trademarks used for similar goods or services. Conflicts are more likely to arise within related product categories. The Trademark Office will reject a trademark application that conflicts with existing marks, so comprehensive searches can save time and application fees.
• To conduct the most thorough search, it can be helpful to seek legal advice. Intellectual property attorneys are skilled in conducting using the USPTO database and can uncover potentially similar marks that you may not be able to uncover yourself. Consulting with a trademark attorney or intellectual property specialist can provide access to professional search tools and expertise in identifying potential conflicts.

3. Determine the Basis for Filing for Trademark Protection

For any trademark to be eligible for federal registration, it must be used in the ordinary course of trade in commerce. Thus, you cannot simply trademark a phrase and never actually use it in conjunction with your goods or services.

You need to designate a filing basis when submitting a trademark application for your phrase with the Patent and Trademark Office. The filing basis serves as the grounds upon which an applicant has the right to secure trademark protection. The trademark registration process needs at least one filing basis.

• Use in Commerce Basis: This is applicable when the phrase has already been used in connection with selling goods or services. It requires bona fide use in commerce.
• Intent-to-Use Basis: This is used when the phrase has not been used in commerce yet there is a genuine intent to use it in the future. Within six months of filing, an applicant must provide a Statement of Use with a specimen showing the mark is “In Use,” or file a petition for an extension.
• Foreign Registration Basis: This is available for applicants who already have a foreign registration from another country’s trademark office. The goods or services must match those in the foreign application.
• Foreign Application Basis: Use this when the applicant has applied for (yet not registered) a trademark in another country within the past six months. Commonly referred to as a “foreign priority basis”, it provides a priority filing date based on the foreign application rather than the U.S. application date.

Applicants must file under either Section 1(a) (Use in Commerce) or Section 1(b) (Intent to Use) of the Lanham Act. The latter requires submitting a ‘Statement of Use’ under 15 U.S.C. § 1051(d) before registration is finalized. This can help your legal team track deadlines to submit evidence of commercial use and secure your registered trademark.

4. Develop a Source Identifier to Trademark a Phrase

According to TMEP § 1202.03, phrases must function as source identifiers rather than mere informational slogans. Applicants should provide evidence of consumer recognition to strengthen their application.

One of the key ways to have a trademarked phrase is to carve out a source identifier. A source identifier is the only thing that can be trademarked with the Patent and Trademark Office.

• The phrase must be something that identifies the source of the product or service underlying the combination of words. The phrase itself must be used as a source identifier to obtain registration with the USPTO.
• A strong source identifier distinguishes your phrase from everyday speech. It enhances trademark protection and makes it more likely to receive registered trademark status from the trademark office.
• Under trademark law, phrases that merely convey information without indicating a specific commercial source may be denied trademark rights. This is because they fail to function as proper word marks.
• Building substantial evidence of consumer association between your phrase and your goods or services strengthens your position with the trademark office. Additionally, this provides broader trademark protection against potential infringers.
• When seeking to have a trademarked phrase, choose between a standard character mark (text only) or a stylized/design mark. Standard character marks offer broader protection yet potentially face more trademark phrase search conflicts.

For example, with the Nike phrase “Just Do It”, people who hear it instantly associate the phrase’s source as associated with Nike. If someone likes the Nike brand they will immediately identify with and associate positive feelings when hearing the phrase.

If the person does not like the Nike brand, they will associate and have a negative response when they hear that phrase. This makes the “Just Do It” phrase a source identifier for Nike.

5. Determine the Appropriate Classification to Trademark a Phrase

The next step to have a trademarked phrase is to determine which of the 45 different classifications your phrase fits into for the specific goods or services involved. The USPTO uses these classifications to split up trademarks into various categories.

Selecting the appropriate class for your goods or services is important when you trademark a phrase. It defines the scope of trademark protection and the commercial purposes for which your mark is protected.

• Conduct a comprehensive search before filing to identify potential conflicts with existing marks on goods or services to prevent your phrase from receiving trademark protection.
• File your application under a number of classifications if you think your trademark will fit into more than one. The USPTO has a Trademark ID Manual that can be helpful as you determine which classification you want to file under for the goods or services that you are offering under your trademarked phrase.
• Your trademark application must present a bona fide intent to use the phrase for the listed goods or services. This includes proof of actual use eventually required for registration maintenance. A trademark attorney can help prevent costly mistakes in classification that might limit protection or require additional trademark applications for different goods or services.

6. Decide on the Best Form for the Trademark Application

To trademark a phrase, you will want to determine the right form for your trademark registration. Use the Trademark Electronic Application System (TEAS) on the USPTO website to submit your application. There are two different filing options to select from:

• The TEAS Plus
• The TEAS Standard

The USPTO’s TEAS offers different filing options with varying fees, requirements, and processing times for federal trademark registration. There are cost differences between these two systems.

7. Pay the Appropriate Trademark Registration Filing Fee

Federal trademark rules require payment of the appropriate filing fee to trademark phrases to the United States Patent and Trademark Office when submitting a trademark application. The USPTO charges a base application filing fee per class of goods or services. Effective February 18, 2025, these are the standard trademark fee charges:

Consulting with a trademark attorney is recommended to determine the most appropriate trademark application type before submitting payment for the registration certificate.

8. Wait for the Trademark Application to Be Approved

After submitting your application to trademark a phrase, the Trademark Office examines your filing to check the requirements and make sure your trademarked phrase doesn’t create a likelihood of confusion with existing marks. The entire process of getting a trademarked phrase involves several potential stages:

• An examining attorney at the USPTO reviews your application to verify it meets all requirements for trademark protection.
• If the trademark application is approved without issues, your application proceeds to publication. However, most trademark protection applications receive an “office action” detailing issues that must be addressed within a specified deadline.
• Have a trademark attorney provide a satisfactory response to office actions to keep your trademark application active. Insufficient responses may result in a final office action.
• Trademark owners who are unsuccessful at the final office action stage may appeal to the Trademark Trial and Appeal Board (TTAB) if they’ve preserved their trademark rights.
• Abandoned applications can be revived by a trademark attorney using specific procedures. However, this extends the time needed to secure a trademarked phrase for your goods or services in federal court.

What Is a Phrase That Can Be Trademarked Under the Trademark Law?

Developing key phrases to be associated with a business can be a clever brand strategy that allows your brand to be instantly recognized by the public. Marketing specialists know the importance of brand recognition, and building this recognition is best done through strong associations. You can trademark a phrase to build up this association and connote positive associations with a brand.

Phrases such as Nike’s “Just do it,” KFC’s “finger lickin’ good,” or L’Oreals “Because you’re worth it,” are examples of trademarked phrases. These are well-known phrases legally owned by the associated businesses as a trademark for that business.

A trademarked phrase has a specific legal definition and meaning associated with the specific goods or services. Under the Trademark Manual of Examining Procedure (TMEP) issued by the United States Patent and Trademark Office (USPTO), a phrase is:

• A group of words that are used together in a fixed expression.
• Two or more words in sequence that form a syntactic unit that is less than a complete sentence.
• A sequence of two or more words arranged in a grammatical construction and acting as a unit in a sentence.

To trademark a phrase, the phrase needs to be a combination of words that has some type of underlying meaning. Distinctive phrases should also have a message that emerges from the specific arrangement, which is then communicated to the reader.

Factors to Consider When Planning to Trademark a Phrase

If you want to trademark a phrase, certain factors can help you determine if you can push through with the trademark registration process.

Distinctiveness

Not every phrase qualifies for trademark protection, as the phrase must be distinctive enough to identify the source of goods or services. The more distinctive a trademarked phrase is, the stronger protection it receives under intellectual property law.

A trademark attorney can provide valuable guidance on whether your phrase has the necessary distinctiveness to receive trademark registration under federal trademark rules.

Descriptiveness

A phrase that merely describes the goods or services it represents may face challenges in trademark registration without having acquired secondary meaning in the marketplace. Descriptive phrases receive limited trademark protection initially because they simply tell consumers what the product is rather than serving as a source identifier.

A comprehensive trademark search conducted by a trademark lawyer can help determine if your phrase is too descriptive to qualify for immediate protection under trademark law.

Genericness

Generic phrases, especially those that name the product or service itself, cannot receive trademark protection regardless of how long they’ve been used. Allowing one business to trademark a phrase that generically describes a product would unfairly restrict competition.

The trademark application process will reject generic terms because they belong to the public domain and cannot function as source identifiers under intellectual property law. A trademark attorney can assess whether your phrase risks being considered generic. We can provide guidance on how to avoid this fatal flaw in your trademark registration strategy.

Similarity to Other Phrases

Your trademark application may face rejection if the same phrase or a confusingly similar one is already registered or listed among pending trademarks for related goods or services. Trademark law prohibits registering phrases likely to cause consumer confusion with existing trademarks, particularly those in the same industry or related fields.

A trademark attorney can do a comprehensive trademark search before going through the application process to determine if your phrase conflicts with existing trademark rights. This analysis can consider the appearance, sound, meaning, and commercial impression of the trademarked phrase.

How Does the USPTO Analyze and Trademark a Phrase?

In determining whether or not to grant trademark status, the USPTO has specific guidelines that it follows. The United States Patent and Trademark Office analyzes each phrase on a case-by-case basis to determine if the phrase is “unitary” in the trademark sense.

To be unitary under trademark standards, the phrase as a whole must mean something apart from the sum of its parts. This means it must say something different from what society would expect to be said about the product or if it says something expected, then it must say it in an unexpected way.

The USPTO will analyze and view the phrase as a whole. It will even analyze the specific placement or arrangement of the phrase on products or communications to make a complete assessment. Conducting a comprehensive USPTO trademark search before submission helps identify potential conflicts that could block your application at the trademark office and waste filing fees.

Potential Issues With Obtaining a Trademark for Your Phrase

There is a possibility your phrase will be rejected for trademark status by the United States Patent and Trademark Office. Phrases may be rejected by the USPTO for some of the following reasons:

• The phrase is too generic given your specific industry;
• The phrase may be too similar to another existing mark and thus cause confusion for the consumer;
• The phrase is not actually being used in commerce in conjunction with the sale of a good or service;
• The phrase is too simple or considered to be everyday vernacular;
• The phrase is disparaging or offensive.

For example, the USPTO has rejected overly simplified phrases such as “Why pay more” or “the best beer in America”. To successfully trademark a phrase, thoroughly think through and vet your phrase before seeking trademark status with the USPTO to make sure it is sufficiently unique and original.

Timeline for the Patent and Trademark Office to Trademark a Phrase

The United States Patent and Trademark Office typically takes approximately 12 to 18 months or longer to complete the trademark registration process for a phrase. This timeline includes several phases:

• Initial trademark search
• Examination period
• Publication for opposition
• Issuance of registration certificate

If the examining attorney issues office actions requiring responses, or if third parties file oppositions during the 30-90 day opposition period, the application process can extend significantly. Once requirements are met and no oppositions are filed, the trademark owner will receive their registration certificate, confirming their registered trademark status.

What Are the Benefits of the Trademark Registration Process for Phrases?

Knowing how to trademark a phrase will benefit businesses and individuals seeking to protect their intellectual property and brands. Trademark applications can take time and energy that you may not feel is worth it. You will want to consider how much you plan on using the phrase in commerce to market your goods or services.

While trademarks, in general, do not need to be registered with the USPTO to receive legal protection, federal registration does help in any potential legal disputes. See how you can benefit from the trademark registration process:

Legal Protection

Gain exclusive rights to use your trademarked phrase, providing legal grounds to take action against unauthorized users of the same phrase. Registration with the USPTO also gives your trademark greater validity and likelihood of success in a future trademark infringement battle that may arise in court.

Brand Identity Security

When you trademark a phrase, you can safeguard your brand name and brand identity by preventing competitors from using similar phrases that might confuse consumers about your goods or services. The registration helps scare off potential competitors from utilizing your mark or another registered mark.

Consumer Trust

When you have a federally registered trademark, it provides you with a presumption of the legal right to that trademark. This also lets you build stronger brand recognition as customers associate your trademarked phrase with consistent quality.

Commercial Purposes

Increase the market value of your brand protection strategy, as a registered mark becomes a valuable business asset for commercial purposes. If the phrase is something you plan on using consistently in your advertising and marketing, it is likely a good idea to seek a trademark to protect your trademark rights to the phrase.

Geographic Coverage

Secure nationwide or international registration of your trademark rights. If you do not seek registration from the USPTO, then you will only have common law protection for your phrase within the specific geographic region where your goods or services are marketed and provided.

Related Questions

Do I Need a Trademark Lawyer to Trademark a Phrase?

While you can file a trademark application without representation, a trademark lawyer significantly increases your chances of navigating trademark law complexities and avoiding conflicts with an existing trademark. Professional guidance helps address potential legal issues before they arise, saving time and resources throughout the trademark application process.

Do Taglines Need to Be Trademarked?

A tagline doesn’t automatically require trademark protection, although a federal trademark registration process provides significant advantages if they’re central to your brand identity and meet legal requirements. Trademark protection prevents competitors from using similar phrases that might confuse consumers about the source of goods or services.

What Words Are Not Trademarked?

Not every phrase qualifies for trademark protection, particularly generic terms or common descriptors that don’t function. Words that merely describe product features, geographical terms, or phrases in everyday use typically cannot receive trademark protection unless they’ve acquired secondary meaning through extensive marketing.

Are Phrases Copyrighted or Trademarked?

Distinctive phrases identify products or services protected through trademark law, not copyright. This is because they function as commercial identifiers rather than creative expressions found in everyday speech. Copyright protects original creative works, whereas trademarks specifically protect words, phrases, and symbols that distinguish one brand from another.

What Happens if Someone Else Is Already Using My Phrase?

Your application may face rejection or opposition through the Trademark Trial and Appeal Board if another trademark owner has priority rights to your phrase. The existing trademark owner could potentially take legal action against you for infringement. Have a trademark lawyer help you conduct a trademark search before pushing through with the registration process to the Trademark Office to avoid this problem.

What Should I Do if Someone Uses My Trademarked Phrase Without Permission?

Under intellectual property law, you can consult a trademark attorney about sending a cease and desist letter demanding they stop the unauthorized use of your protected mark. If infringement continues, you can enforce your Common Law Trademark rights or federal registration through litigation seeking damages and an injunction against further unauthorized use.

Conclusion

Understanding how to trademark a phrase can help you build a stronger brand identity while gaining legal protection that prevents others from capitalizing on your registered trademark. Trademark law provides the framework for safeguarding your intellectual property through both national and international registration. Contact a trademark attorney today to secure a trademarked phrase and start building your protected brand legacy.