How to Copyright a Phrase

Starting off, it is not legally possible to copyright a phrase. Copyright protection is assigned to longer works where authorship is established on a complete creative endeavor. Songs and poetry are covered under copyright protection, while individual words and phrases are exempt. Instead, phrases can be registered as a trademark, an easier task if the phrase is part of a business or product advertising campaign.

Things You'll Need

• Phrase in an electronic document
• Attorney

Instructions

Protecting Your Phrase With a Trademark

1. Access the database on United States Patent and Trademark Office to make sure nobody else has placed a trademark on the phrase in question. If there is already a trademark placed, you cannot file for a duplicate.

2. If the phrase has not previously been trademarked, file for a trademark through the USPTO. This is done through the office's electronic application system.

3. Fill out a Trademark/Servicemark Application as the Principal Register. The current filing fee is $325, which is non-refundable in the event the trademark is rejected.

4. When the form asks for a copy of the phrase as it intends to be used, upload a file with the information contained within. The rest of the form will ask for information regarding creation of the phrase, intended use and information about the individual or company filing. At the end of the form, you will be required to enter billing information for the required fee.

5. Upon completion, make sure your name will be submitted for opposition. This means that someone who might have a trademark on the phrase or a similar phrase can protest the trademark. If this occurs, it is recommended that you hire an attorney to proceed with any legal issues that arise.

6. After submitting for a trademark, look for an "Office Action," meaning you will need to preform rewrites on your statement of use, clarify entries on the application or respond to a request for further information. The Trademark Examiner will provide contact information to send your response.

7. Once approved, it is up to the creator to enforce the trademark. If another party is using the phrase for profit, the registered trademark will prove ownership during a court case.

Tips & Warnings

• A phrase that is currently being used in everyday conversation is almost impossible to trademark. Make sure the phrase you intend to trademark is unique.

• Consult with an attorney before filing. This will save your time and money during the trademark filing process.

Resources

• Database for searching existing trademarks
• File for a trademark online