Complete the Michigan State Application for Registration of Trademark/Service Mark. Designate that the purpose of this application is to register a Trademark, as opposed to a Service Mark. Write your trademark name under the “Words Only” section, not the “Design Only” or “Words and Design” sections.
How do you get a phrase trademarked?
How to Trademark a Phrase: Step By Step
- 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 get a trademark on 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.
Can a common phrase be trademarked?
Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.
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.
Can you trademark a phrase on a T shirt?
Yes, you can trademark a t-shirt. You can trademark a name, logo, or slogan that appears on your t-shirts. You may register a trademark for any materials that identify and promote your particular goods and services. This information was provided by our founding attorney, Xavier Morales, Esq.
When can a phrase not be trademarked?
The phrase must be distinctive and not generic or just descriptive. To complicate things, a phrase that is distinctive when used in relation to one type of business may be generic in relation to another type of business.
How long does a trademark last?
10 years
A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.
What is the cheapest way to trademark?
The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO’s Trademark Electronic Application System (TEAS).
What is the difference between copyright and trademark?
Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.
What Cannot be registered as a trademark?
Trademarks which contain or comprise matter likely to hurt the religious susceptibilities of any class or sections of citizens of India. Trademarks which contain or comprise scandalous or obscene matter. If the usage of the trademark is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.
Can you trademark a made up word?
Made-up words are usually considered to be very strong and protectable trademarks, as the words will have no meaning or context outside of branding or marketing your product or service. This information was provided by our founding attorney, Xavier Morales, Esq.
How do you legally protect a slogan?
How to Trademark a Slogan
- Go 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.
Should you 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.
Can you copyright a phrase or saying?
Names, titles, short phrases, slogans and sayings cannot be protected with the United States Copyright Office. Copyright protection only extends to original artistic works fixed in a tangible medium such as literature, music and motion pictures.
How do I trademark a word for free?
You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.
Do you patent or trademark a phrase?
Trademark, patent, or copyright
| Trademark | |
|---|---|
| What’s legally protected? | A word, phrase, design, or a combination that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods or services. |
| What’s an example? | Coca-Cola® for soft drinks |
How do you check if a slogan is taken?
You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)’s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.
What are the three types of trademarks?
What you’ll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.
What are examples of trademark?
What Kinds of Trademark Are There?
- Brand names like Apple, McDonald’s, and Dolce & Gabbana.
- Product names like iPod and Big Mac.
- Company logos like the golden arches at McDonald’s and NBC’s peacock logo.
- Slogans like Capital One’s “What’s in your wallet?” and McDonald’s “I’m lovin’ it”
How long can you hold a trademark without using it?
Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.