How to trademark a phrase

Whether a phrase can be registered depends on how people read it. A saying, a description and a brand can use the same words and get three different answers.

A phrase can be trademarked when it identifies the source of your goods or services rather than only describing them or decorating them. Everyday sayings, plain descriptions and words printed large across a shirt are the usual reasons for refusal.

The question the examiner asks

An examiner looks at how the public meets the phrase. Does it read as a brand, as a message, as a description of the product, or as part of the design? The same words can pass in one use and fail in another, which is why where and how you use a phrase matters as much as what it says.

Common phrase types and likely outcomes

Type of phraseExampleLikely outcome
Describes the product"Organic Cold Brew" on coffeeOften refused as descriptive
Everyday expression"Have a nice day"Often refused because many people use it
Decorative text on clothingA quote printed across the chest of a shirtOften refused as merely ornamental
Unusual or invented combinationA made-up phrase tied to your product lineMore likely to be accepted

The shirt problem

Sellers of printed apparel meet this most often. A phrase across the front of a shirt looks like decoration, and an examiner may refuse it as merely ornamental. The same phrase on a neck label, a hang tag or the packaging looks like a brand. The sample you submit therefore matters. Our class 25 guide covers clothing in more detail.

Phrases other people already use

If many businesses use a phrase, customers learn to read it as common language, and the phrase is harder to register. Before you commit, look beyond the USPTO. Search social media, marketplaces, and your own industry for the same words. A phrase that is unregistered but widely used can still cause trouble later, as can a registration held by someone in a related field. Start with our free trademark search.

Is this a phrase or a slogan?

We use "phrase" here for words picked from everyday speech and used on products: a saying, a quotation, a catchphrase, a product line name made of several words. A line written to sit beside your business name and sell it is a slogan, and that case has its own rules in how to trademark a slogan.

Quotations and hashtags

A line borrowed from a song, a book or a film may belong to someone else, and building a brand on it can invite a complaint. A hashtag is judged like any other wording, so it needs to work as a brand and not only as a label for a topic. Check who holds rights in the words before you build a product line on them.

Whether to register at all

Not every phrase is worth the fee. A caption you may drop next season may not repay a filing. A phrase that names a product line, a series, an event or a product people ask for by those words has a stronger case. Ask whether customers would look for these words to find you.

What filing involves

  1. Write the exact wording, since the filing covers those words in that form.
  2. Choose the goods or services and the class. The classes guide helps.
  3. Collect a sample showing the phrase used as a brand, such as a label, tag or product page.
  4. File the phrase as a standard character mark. The USPTO base fee is $350 per class.

The review, the objection stage and the registration follow the same path described in how to trademark a name. If you want to see how we handle a filing from start to finish, read register a trademark.

This is general information, not legal advice.