how to trademark a phrase without hiring an attorney?

Can an individual trademark a phrase?

A person can't trademark a phrase just because they like it—the phrase must be tied to a business. Trademarked phrases are only protected against the use of others in the same business class. The phrase must identify the commercial organization as the source of goods or services for the trademark.Sep 6, 2021

How do you trademark a phrase without a lawyer?

How to Trademark a SloganGo to the United States Patent and Trademark Office (USPTO) website.Check the Trademark Electronic Search System (TESS) database. Make sure the slogan isn't already registered in the same category.Submit your trademark application. Pay the filing fee.

How do you legally trademark a phrase?

You can trademark a phrase at the local level by applying at your state trademark office. To trademark a phrase locally, you must already be using the phrase publicly. You can apply for a nationwide trademark with the USPTO. With the USPTO you can apply with the "intent to use."

How much does it cost to trademark a phrase?

If you have ever asked yourself how much does it cost to trademark a phrase, according to the current fee schedule on the USPTO, trademark registration fees cost $275 per mark per class. If you need an attorney's assistance, the cost averages around $1,000 to $2,000.Jul 8, 2020

Can you trademark a phrase on a T shirt?

Because a slogan or design silk-screened onto a T-shirt is not a trademark. The PTO designates such designs as “adornments,” not source identifiers. Then the entrepreneur calls us for legal advice.Jan 10, 2019

How do I trademark a quote for free?

How to Trademark a Phrase: Step By StepChoose 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.More items...

Can you copyright a phrase or slogan?

Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, [email protected] or see Circular 33, for further information.

What is trademark secret?

What is a trade secret? Trade secrets are intellectual property (IP) rights on confidential information which may be sold or licensed.

What comes under IPR?

Rights. Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets.

What is the cheapest way to trademark?

The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS). Remember that you can only register one trademark per application.

What are the 3 types of trademarks?

What Is a Trademark and What Are the Types?Arbitrary and Fanciful Trademarks.Suggestive Trademarks.Descriptive Trademarks.

Can I register trademark myself?

Yes, it is possible for a common man filing a trademark to not appoint an attorney, especially when all the laws and rules are properly laid down for a trademark to be filed. Any layman who wants to register a trademark can apply himself.

What are the three types of trademarks?

Give Information About Your Mark. There are three types of trademarks: standard character mark, special form (stylized design), and sound. The first and most common type of trademark is a standard character mark, which is often just a word, phrase or slogan.

What is a specimen in a trademark?

With a standard character mark or special form mark, the specimen is usually a PDF of your logo, in color if you are claiming color as part of a special form mark. With a soundmark, the specimen is a sound/motion file.

What is priority basis on intent to use?

For Priority basis on intent to use, you will enter the same information as 1-3 above for Priority Basis on Already Used in Commerce , but you must also check a box indicating that you understand “intent to use” as a filing basis.

Can I use a trademark if it has already been registered?

This option is only used if you claim that your trademark has already been filed (but not yet registered) outside the U.S. Enter the country of foreign filing, the foreign application number and the date of the foreign filing.

How to use a trademark in commerce?

The easiest way to use your trademark in commerce is to label the goods that you sell. Nothing fancy is needed, labels made on your printer will suffice as you are getting started. Other uses to go along with your labels are business cards, flyers, signs, uniform patches, and display on your website.

What is a trademark?

A trademark identifies your goods and services to your customers. It can be a logo or a name as long as it is distinctive and connects the product to your business. The only requirements are that you are using it in commerce and that it is not so similar to someone else's trademark that customers could be confused.

What is a character mark?

A standard character mark, also called a word mark, is one or more words that make up your trademark.

How long does it take for a trademark to show up on a trademark application?

Track your application status. It may take up to a week for your application to show up in the Trademark Status & Document Retrieval System (TDSR). Once it is active, you will be able to track the status of your application.

What is a specimen for a trademark?

As part of your application, you have to show how you will be using the trademark. The specimen is a JPG file that can either be a photo of your product showing the trademark or a digital file of a tag, label, packaging, or sign.

How long does it take to file an objection to a trademark?

This is notice to the public that you are claiming the trademark. Opposition to your registration must be filed within 30 days of publication or any extension allowed by the USPTO. If someone files an objection to your trademark, consult with an attorney about your options.

How long does it take to complete a registration?

Schedule a time to file the registration. Find an uninterrupted time to complete the application. Once you access the system, you will have 60 minutes to complete the forms. There will be opportunities to extend that time, but if it expires, you will have to start over.

How many trademarks does Gerben Law Firm have?

Gerben Law Firm has registered over 4,500 trademarks since opening our doors in 2008. We work with clients from all 50 states, and, from 30+ countries around the world. Contact us today for a free consultation with a trademark attorney.

Who is Josh Gerben?

Josh Gerben, Esq. is the founder and principal of Gerben Law Firm. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 5,500 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.

What happens if you trademark a phrase?

When you trademark a phrase with the USPTO, it is nationwide . This prevents another business from claiming local rights to use the phrase. If another business uses your phrase, you can file a lawsuit in federal court. You can sue for lost money, to prevent them from using the phrase in the future, or both.

How much does it cost to trademark a phrase?

Expensive Fees. To trademark a phrase in more than one business class, you have to pay the registration fee for each class. A trademark costs from $225 to $400 to register. If you trademark a phrase for three classes, you will pay nearly $1,000 in fees.

What does "n" mean in a phrase?

Select an unsuitable phrase#N#It isn't related to a specific product or service .#N#It includes the generic name for a product or service.#N#It includes terms often used in business or the target industry.#N#It only describes characteristics and features.#N#It is already part of everyday speech.

How long does it take to get a trademark?

The process typically takes six to eight months. Do not search for registered and unregistered trademarks. Use the free search on the USPTO website to find federally registered trademarks. For common-law trademarks, you need to pay a company to complete a search.

What happens if you don't respond to the USPTO?

If you do not respond, the USPTO will abandon your trademark registration. Open your trademarked phrase to the public: Once all rejections are overcome, the USPTO publishes your phrase in the "Official Gazette.". This gives the public a chance to look over your proposed trademark and oppose it if they want to.

What are catch phrases?

A catch phrase is an expression commonly used by a real or fictional person. This kind of phrase can be an important part of marketing your product or service. That makes it valuable and worthy of trademark protection.

What is a trademark?

A trademark identifies the source of a product. If your phrase describes a product or service, it won't be approved for trademark protection. The purpose of the phrase has to be to sell your product. Otherwise, it won't be approved for trademark protection.

An Overview of the USPTO Trademark Renewal Process

The first step to making a renewal filing is to gather specimens for the government to show your mark is still in use years after your registration was first issued. These specimens are the same types of evidence you handed over to the government when you first applied for your trademark.

How Much Does it Cost to File a Trademark Renewal?

To file a trademark renewal you will typically pay a fee to your attorney to assist you with the filing, and, a fee to the USPTO. The USPTO filing fee is $325 per class of goods/services for the first renewal, and, $425 per class of goods/services for the subsequent renewals. Our firm offers flat fee services for trademark renewal filings.

Ask these 10 things when you want to hire a trademark attorney

For most people, finding and hiring the right attorney can be daunting. When it comes to identifying a trusted trademark attorney to guide your brand in the global marketplace, the task can be even more daunting. Choosing the wrong trademark attorney can be costly.

Cheryl Hodgson

Cheryl is a recognized trademark expert and member of the International Trademark Association, the world’s top brand protection professionals. She Is the founder of Brandaide.

What can an attorney do for a trademark?

Attorneys can provide crucial legal advice. An attorney who is licensed to practice law in the U.S. and experienced in trademark law can advise you about many important legal issues. These include: Determining if your chosen trademark can be legally protected.

What are legal services?

Many private companies offer legal services, such as assistance with filings or responding to an office action, or other services. Such services may be legitimate if provided under the supervision of a licensed U.S. attorney.

Provide Applicant Information

Give Information About Your Mark

The Optional Additional Statement

Selecting Goods/Services Information

Choosing Which Basis For Filing to Assign Your Trademark

Review Your Information

Fee Information and Signature

• You must choose one of three signature methods. The first and easiest method is to sign directly with an electronic signature by typing in your name. If you are an authorized representative of the mark owner, you can use this method. The second method is to have an e-mail form sent to a second party for signature. The third method is to print out a...

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