Quick Answer: Can I Trademark A Phrase Already Used?

How do you tell if a phrase is trademarked?

Before you apply, you should search the USPTO’s trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark.

Used on related products or for related services, and..

How long does it take to trademark a phrase?

7 and a half monthsIn short, it will take a minimum of 7 and a half months to register a trademark in Australia. Let’s look at what’s involved in the application and submission of a trademark registration and the estimated time it will take.

Can you patent a word or phrase?

While you can learn how to patent an idea here, unfortunately, it is not possible to patent a phrase. Instead, you can trademark a phrase by registering it with the U.S. Patent and Trademark Office.

Can you trademark a single word?

What Can Be Trademarked? Phrases, words, symbols, sounds, and even colors are all eligible for trademark protection. Anything that identifies your brand and is used to distinguish your company or goods/services from other companies can be trademarked.

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

Can you trademark a phrase on a T shirt?

Because a slogan or design silk-screened onto a T-shirt is not a trademark. … A trademark is any word, phrase, design or device that identifies the source of the goods identified by the mark. Don’t even attempt to register the trademark for a slogan or design that simply appears across the chest or back of tee-shirt.

What happens if I use someone else’s trademark?

If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.

Can I use a phrase that is trademarked?

A trademark does not mean, however, that no one else can use your word, phrase, or symbol in connection with any and all goods and services. It means only that somebody else can’t use a similar trademark with similar goods or services.

Can I put TM on my logo without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;

Do trademarks ever expire?

Unlike patents and copyrights, trademarks do not expire after a set period of time. … Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

There are certain symbols that suggest a level of quality to the buyer because they are associated with the company that makes the product or process. A phrase should be trademarked, not copyrighted. Registering a trademark with the USPTO is simple and not very time-consuming but can take time to approve.

Can I sue someone for using my trademark?

If you suspect your trademark is being infringed, then you should consider taking action. … The ultimate objective with legal proceedings is to prevent further unauthorized use of the trademark by the infringer. Not only that, but you may also seek compensation in the form of damages or an account of profits.

How long do US trademarks last?

How long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

How do you legally protect a phrase?

How to Trademark a PhraseStep 1: Conduct a Trademark Phrase Search. … Step 2: Fill Out the Trademark Phrase Application. … Step 3: Submit the Application and Pay the Trademark Application Fee. … Step 4: Respond Promptly to Office Actions or Other USPTO Correspondence. … Step 5: Wait for Your Trademark Registration to be Approved.More items…•

How do I trademark a name for free?

To register a trademark, go to the U.S. Patent and Trademark Office’s Web site, www.uspto.gov. Don’t add a domain extension to your trademark to prevent others from registering the same name by adding another extension.

What words can you not trademark?

Words that don’t serve to identify the source of a product can’t be trademarked. Generic words, offensive words, and certain proper names can’t be trademarked. Words that are already trademarked for goods within the same industry can’t be trademarked.

How much does it cost to trade a phrase?

For a single class standard trademark application through our office you can expect a total fee of $895, including government fees, professional fees and GST to fully register your trademark in Australia for 10 years assuming no objections or oppositions.

Can you fight a trademark?

You can only oppose a trade mark once it has been accepted for registration/protection. National trade marks may be opposed on any of the grounds set out in Division 2 of Part 4 of the Trade Marks Act 1995 (except for section 40) and also on the basis of sections 58 to 62A.