How Do You Trademark a Saying or a Phrase?
Many successful businesses rely on more than just their products for recognition and growth. For many businesses, their identities are closely related to a saying or phrase that people immediately recognize. As important as it is to protect other types of business assets, it is crucial to legally protect these sayings or phrases through the trademark process to ensure that they remain an important component of your business and its strategy for growth. Doing so can help you be certain that nobody else has the chance to profit from the creativity and hard work you put into developing not only your brand, but also the saying or phrase that helps people recognize it.
Starting the Process
The United States Patent and Trademark Office (USPTO) maintains a database of all currently trademarked items. The initial trademark process starts by conducting a search of this database. This will allow you to explore whether or not the saying or phrase you want to trademark has previously been trademarked by a similar business. Conducting a thorough search of the trademark database will not only reveal identical sayings and/or phrases, but also those similar to the one you wish to trademark. While this initial search is not required, it can often save you time and money in the long run because you may otherwise go through all of the steps of the process only to find out that the saying or phrase you are trying to trademark is unavailable. For instance, if you simply file an application for a trademark, you may end up waiting several months to find that out, whereas a thorough search allows you to make adjustments to the saying or phrase that could help ensure its availability. Our experienced trademark attorneys can work with you to ensure that your saying or phrase is unique.
Upon completion of the USPTO database search, we can assist you to file a formal application for a trademark. Your application will be reviewed by the USPTO attorneys to make sure it does not infringe upon any previously trademarked material. If these attorneys are satisfied that your proposed trademark is unique, the application will move into the nationwide publication phase. During this time, the pending trademark will be nationally searchable to ensure that nobody has any potential infringement claims against it. Once this phase is over, U.S. Patent and Trademark Office attorneys will conduct a final review before awarding you a trademark for your saying or phrase.
Monitoring Your Trademark
Simply securing a trademark on a saying or phrase does not automatically protect it. While a trademark remains in effect as long as the trademark is used in commerce and defended against infringement, it is your responsibility to protect against any potential infringement. The U.S. Patent and Trademark Office attorneys will conduct a review of new trademark applications to make sure they do not infringe on your rights, but you will also need to proactively monitor for its security. This monitoring helps to ensure your trademark remains secure. Additionally, you will need to apply to renew your trademark after five years.
Securing Legal Assistance
When you are running a business, you do not always have time to conduct the thorough research that can be required when it comes to trademarking a saying or phrase. The legal team at Jurado and Farshchian can be an integral part of the successful trademark process for your business. Contact an experienced Jurado & Farshchian business attorney at 305-921-0440 or email us at [email protected] to schedule a consultation and find out more about how we can help you throughout the trademark process.
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