How to Trademark a Phrase

Trademarks, which are often confused with copyrights or patents, are specific words, phrases or symbols used to identify and distinguish the source of goods or services. Applying for a trademark can be a complicated process, but it is an important one to protect a valid, legally usable trademark.

Instructions

1. Make sure that you need a trademark. Trademarks are sometimes confused with other intellectual property concepts, such as copyrights. A trademark must not only be unique; its purpose must be to distinguish the goods or services of one entity from those of another.

2. Search the Trademark Electronic Search System, or TESS, database to ensure that your desired trademark is not already registered.

3. Obtain a trademark application from the US Patent and Trademark Office. The best method is to file electronically online. However, you can submit trademark applications by mail. Trademark applications may not be submitted by fax or email.

4. If filing online, preview the electronic application form before starting the application as a PDF file to ensure that you have all the required information and understand all of the required fields to be entered. If filing via mail, you can call 1-800-786-9199 for a paper application.

5. Fill in all the information required on the trademark application. At a minimum, a trademark application must contain the name of the applicant, a name and address for correspondence, depiction of the mark, what goods or services it will cover, the basis for filing, the specimen and a signature. Applications without all of these items will be rejected without being reviewed. No refund will be provided in this case.

6. Pay the filing fee. The fee for a new electronic application is $325 and for a new paper application is $375. This fee is per international class.

Tips & Warnings

• You can use the symbol TM to assert trademark claims in public without having a registered trademark. However, you cannot use the R in a circle symbol without a federally registered trademark.

• Legal assistance can often be valuable in filing for trademarks and may save you from costly filing mistakes.

Resources

• Trademarks--USPTO
• TESS--Trademark Electronic Search System