How to trademark a phrase the right way
An attorney‑reviewed guide to registering a slogan or tagline: what qualifies, what it costs, and how to avoid the refusal that wastes your filing fee.
- Free clearance search before you pay a government fee
- Attorney‑reviewed, flat‑fee filing
levels to know
to registration
timeline
since 2013
What does it mean to trademark a phrase?
A trademark doesn't protect a clever phrase in the abstract — it protects that phrase's use as a brand identifier for specific goods or services. If your slogan doesn't function that way, the USPTO won't register it, no matter how catchy it is.
Where does your phrase fall?
Trademark law ranks every phrase on a "spectrum of distinctiveness." Where yours lands decides whether it can be registered at all.
Generic
The common name for what you sell.
Never registrableDescriptive
Directly describes a feature or benefit.
Rarely registrableSuggestive
Hints at a benefit, requires a mental leap.
RegistrableArbitrary / Fanciful
Real words used oddly, or invented ones.
Strongest protectionRule of thumb: if a stranger could guess what you sell just by reading the phrase, you're in the danger zone on the left.
4 things the USPTO requires
Clear all four and your phrase moves toward registration. Miss one and expect an Office Action.
Use in commerce
Already selling under the phrase, or a genuine intent to soon.
A proper specimen
Proof the phrase identifies your brand, not just decoration.
No likelihood of confusion
No similar mark already registered for related goods.
The right classes
Every category of goods or services the phrase actually covers.
The process, start to finish
Five phases from a blank page to a registration certificate.
Clear the phrase
A full federal, state, and common‑law search — not just a quick database check.
Before you fileFile with the USPTO
Correct classes, filing basis, and a specimen of use submitted with the application.
DaysExamination
A USPTO examining attorney reviews the phrase against distinctiveness and confusion rules.
~8 months to first reviewOffice Actions, if any
Respond to any objection with legal argument or evidence within the deadline.
3–6 month response windowPublication & registration
A 30‑day opposition window, then your registration certificate and the right to use ®.
~12 months totalWhy phrase applications get refused
Even strong phrases get refused when the application has a fixable problem.
Merely descriptive
Describes a feature or benefit too directly — the single biggest cause of refusals.
Likelihood of confusion
Too close to an existing mark for related goods or services.
Failure to function
Reads as a slogan or a joke rather than a brand identifier.
Ornamental use
Only appears as decoration, like large text across a shirt front.
Phrases that made it
"Just Do It"
Nike — arbitrary, and used consistently for decades.
"I'm Lovin' It"
McDonald's — suggestive, tied tightly to one brand.
"Because You're Worth It"
L'Oréal — says nothing about what's actually sold.
Filing it yourself vs. filing with an attorney
The USPTO's own data shows self‑filed applications are refused at a meaningfully higher rate — usually for one of these.
| Filing it yourself | Filing with Trademark Phrase | |
|---|---|---|
| Clearance search | Self‑serve database only | Federal, state & common‑law |
| Class selection | You guess | Attorney‑selected |
| Office Action response | On your own | Included* |
| If you're refused | Pay the government fee again | We refile free* |
| Who reviews it | Nobody, until the USPTO does | A licensed attorney, before filing |
*Office Action Response Protection covers a response to minor procedural office actions only; does not include substantive refusals or oppositions.
Choosing a phrase you can actually register
- Lean suggestive or arbitrary, not descriptive — if it tells customers exactly what you do, registration gets harder.
- Keep it short and consistent — consistency is what builds the secondary meaning that makes a mark strong.
- Search before you fall in love with it — a phrase that feels original may already be taken in a related class.
- Plan how you'll use it — a phrase for the front of a T‑shirt needs a label or tag too, or it risks an ornamental refusal.
- Think beyond today's product line — adding classes later means a second application and a second government fee.
Common questions about trademarking a phrase
Can I trademark a common phrase or saying?
Only if it functions as a source identifier for your specific goods or services and isn't merely descriptive of them. A generic saying used the way the public already uses it is very difficult to register.
Do I need to already be using the phrase to file?
No. You can file on an intent‑to‑use basis to lock in your priority date, but you'll need to show actual use before the registration can complete.
Can two businesses trademark the same phrase?
Sometimes, if they operate in genuinely unrelated industries where consumers wouldn't be confused about the source. In related industries, the first to establish rights typically blocks later filings.
What's the difference between ™ and ®?
™ can be used by anyone claiming trademark rights, registered or not. ® can only be used once the USPTO has actually issued a registration.
How long does protection for a phrase last?
Indefinitely, as long as you keep using the phrase in commerce and file the required maintenance paperwork and renewals on schedule.
Your phrase won't stay available forever.
Start with a free clearance search. We'll tell you honestly whether your phrase can be registered — before you spend a cent on government fees.