Frequently Asked Questions

Trademarking a phrase might seem complicated, but when you break it down, it’s a straightforward process — just one that takes attention to detail. 

Step-by-step guide to trademarking a phrase

1. Start with a thorough search

First things first, you need to make sure your phrase isn’t already taken. This means searching a trademark database. It’s important to be thorough here—missing something could lead to your application being denied later.

2. Pick the right class

Trademarks are divided into categories based on what kind of goods or services they cover. For example, a phrase for a clothing line will fall under a different class than one used for a tech product. Identifying the right trademark class is key because it determines how your trademark is protected and where fees apply.

3. File your application

Once you’ve confirmed your phrase is unique and picked the right class, you can officially file. This involves providing details like:

• What the phrase is (just the words, or maybe a logo too?).

• The type of goods or services it represents.

• Whether you’re already using it in commerce or planning to.
  Take your time with this part—it’s all about getting the details right to avoid delays.

4. Handle any office actions

After you file, the Trademark Office reviews your application. If they spot any issues, like a conflict with an existing trademark or unclear wording, they’ll send you an “office action.” Don’t panic — this is your chance to address their concerns and explain why your phrase deserves protection.

5. Watch for the opposition period

If your application gets the green light, your phrase will be published in an official journal for others to see. This gives people a chance to oppose your trademark if they think it infringes on theirs. If no one objects (or if you resolve any challenges), you’re almost there.

6. Get your registration certificate

Once everything checks out, your trademark is officially registered. You’ll receive a certificate to prove it, and your phrase will be protected under the law.

7. Keep your trademark active

Trademarks aren’t “set it and forget it.” To keep your phrase protected, you’ll need to file maintenance documents, like a Section 8 Declaration, around the 5-year mark. You’ll also need to renew it every 10 years. Think of it as a way to show you’re still actively using your phrase.

Note:

For those domiciled outside the US, the USPTO requires trademark applicants be represented by an US attorney. Those living in the US may file on their own, but according to the USPTO, “we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you through the registration process.”