In the context of legal protection, “coining a phrase” primarily refers to creating a new phrase and seeking legal protection for its use in connection with your products or services. This is achieved through trademarking , not patenting or copyrighting,.
- Requirements
- Distinctiveness: The phrase must be unique enough to distinguish your goods or services from competitors. Generic or descriptive phrases are generally not eligible.
- Use in commerce (or intent to use): You must be using the phrase (or planning to use it) in connection with the sale or promotion of goods or services, [according to UpCounsel].
- Not already taken: A thorough search of existing trademarks is crucial to ensure your phrase doesn’t conflict with existing marks, particularly in your industry.
- Steps to register
- Conduct a trademark search: Use the United States Patent and Trademark Office (USPTO)’s Trademark Electronic Search System (TESS) to check for existing trademarks, [says UpCounsel].
- Determine the appropriate class: Identify the correct class(es) of goods or services that your phrase will be associated with.
- File your application: Submit your trademark application online through the USPTO’s TEAS (Trademark Electronic Application System), [notes LegalZoom].
- Demonstrate use in commerce (if applicable): If you’re already using the phrase commercially, provide evidence like packaging, marketing materials, or website examples.
- Respond to office actions: If the USPTO examiner raises any issues or requires clarification, you’ll need to respond to their office actions within the given timeframe.
- Monitor and maintain: Once registered, you must actively monitor for unauthorized use and renew your trademark periodically, [notes UpCounsel].
- Benefits of registration
- Exclusive rights: Registration grants you exclusive nationwide rights to use the phrase in connection with the specified goods or services.
- Stronger legal protection: You have stronger legal grounds to enforce your rights against infringement in federal court.
- Deters infringers: A registered trademark discourages others from using a similar phrase.
- Enhances brand recognition: Helps consumers associate your phrase with your business.
- Alternatives and limitations
- Common-law rights: Simply using a phrase in commerce can establish some basic protection, but these rights are geographically limited and difficult to enforce without registration.
- Copyright protection: Generally, short phrases are not copyrightable, as copyright applies to more extensive original works of authorship.
- Business or domain name registration: Registering your business or securing a domain name may offer some limited protection in relation to your brand.
Note: Consulting with a trademark attorney is highly recommended to ensure proper evaluation and guidance based on your specific circumstances, given the complexities of trademark law.
How do you legally coin a phrase?
I can help with that. Choose an Original and Distinct Phrase. …
Search the USPTO Database for Your Phrase. …
Select the Appropriate Filing-Basis for the Trademark Application. …
Select the Appropriate Class of Goods/Services and Description of the Goods/Services. …
Pay the Appropriate Gov.
How much does it cost to coin a phrase?
I can help with that. Key Takeaways. The cost to trademark a phrase with the USPTO ranges from $250 to $350 per class, depending on the filing method. Legal websites typically charge $500+, while attorney-assisted filings range from $1,000 to $2,000.
Is it worth it to trademark a phrase?
Is it Worth it to Trademark a Phrase? If you are using a catch phrase, tag line, or sales line with your goods or services, then yes, it is almost always worth it to trademark that phrase if it is available.
Do I need a lawyer to trademark a phrase?
Great question! Do You Need to Hire an Attorney to Federally Register a Trademark? No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO). That being said, you really ought to hire an attorney if you can afford one.