You can trademark a phrase for free with a “common law” trademark, but it will have serious limitations. If you plan to expand your business into multiple markets, you should consider registering your trademark with the USPTO. However, you cannot register a trademark for a phrase for free.
By Michael Kondoudis, Small Business Trademark Attorney
This is our EASY guide to trademarking a phrase for free.
You may have heard that you can trademark a phrase (or slogan) for free. Is this true? The answer is both yes and no.
It is possible to get some trademark rights just by using a phrase as a trademark. But, those rights are limited and pale in comparison to the rights that come with registering a trademark with the U.S. Patent and Trademark Office.
In this post, I’ll explain exactly how to trademark a phrase for free, and this information applies to names and logos as well.
So, if you want to learn how to trademark a phrase for free, this guide is for you.
Let’s get started!
U.S. Trademark No. 1,151,224 for DON’T LEAVE HOME WITHOUT IT
CONTENTS
I. TRADEMARKING FOR FREE
How to Trademark a Phrase for Free
You can trademark a phrase for free using a common law trademark. A common law trademark can be a great way to protect your phrase without incurring the cost of registration.
Can You Trademark a Phrase for Free?
Yes, you can trademark a phrase for free by establishing a “common law” trademark through use of the phrase in commerce. This means using the phrase to brand your company, business, product, or service. You cannot register the phrase for free, however, because the U.S. Patent and Trademark Office charges a filing fee for every new trademark application. So, there is always a fee to register a phrase.
RELATED: How to Trademark a Name for Free
Is There Such a Thing as Free Trademark?
Yes, you can establish a common law trademark for free. A trademark registration is never free, however. The U.S. Patent and Trademark Office charges a “filing fee” for every application, including applications for phrases.
II. COMMON LAW TRADEMARKS
What is a Common Law Trademark?
A common law trademark is not registered with the USPTO but is instead established through use in commerce and taking steps to prevent others from using it. Stated differently, common law trademarks are based on use rather than through registration.
Common law trademarks are not registered with the government but are still protected under the law.
Common law trademark rights can be limited in scope and protection compared to registered trademarks. For example, common law trademark rights only extend to the geographic areas where the mark is actively used and recognized by consumers. Registered trademarks extend to all 50 States.
See How My Law Firm Can Help You Protect Your Trademark
New Applications – Legally own your trademark.
Office Actions – We can navigate the trademarking process at the USPTO.
Enforcement – Flex your trademark rights. Stop copycats.
The Benefits of a “Free” Common Law Trademarks
There are several benefits to common law trademarks.
First, common law trademarks are easier to get than registered (federal) trademarks. There are far fewer requirements. To get common law trademark rights you just need to use a phrase to brand a company, product, or service.
Second, common law trademarks are much less costly than registered trademarks. It is less expensive to establish a common law trademark than to register one with the U.S. Patent and Trademark Office (USPTO).
Third, common law trademark rights can be established much faster than registered trademarks. Trademark registration can take over a year.
Want to trademark a catchphrase?
The Limitations of a “Free” Common Law Trademark
Common law trademarks can provide modest protection for businesses, but they have limitations. The two most important limitations of common law trademarks relate to geography and enforcement.
Geography: Common law trademark rights are limited to the geographic area where a mark is used. They are not national like registered trademarks. That means that other businesses outside of your local region could use your phrase or slogan, and you would be unable to stop them.
Enforcement: Enforcing common law trademarks is far more difficult and costly than it is for registered trademarks. For example, a trademark owner must prove ownership, validity, and regions of use. In contrast, with registered federal trademarks, these elements of infringement are legally presumed, so enforcement is easier and less expensive. Also, it is presumed that a registered federal trademark is recognized as representing a brand.
III. HOW TO GET A COMMON LAW TRADEMARK
How to Establish a Common Law Trademark
To establish a common law trademark, including a common law trademark for a phrase, you will need to:
1. Use the phrase as a trademark (brand) in commerce; and
2. Demonstrate that it has “secondary meaning,” which is to say that it has become associated with your brand in the minds of consumers.
Use in commerce
You have to use the phraase in a way that identifies it as being associated with your goods or services. For example, you could use the phrase on packaging, labels, signage, or advertisements.
Secondary meaning
This can be shown by promoting the phrase through advertising and marketing and ensuring that it is used consistently across all your business’s communications. This can be done by showing that the mark has been in continuous use for a period of time or that it has become well-known among consumers.
IV. ABOUT REGISTERED TRADEMARKS
What is a Registered Trademark?
A Federal trademark is an enhanced trademark certified by the U.S. government. It’s an enhanced trademark because it comes with exclusivity and nationwide legal rights, preventing anyone else from registering anything similar for your industry.
The United States Patent and Trademark Office (or “USPTO”) is the Federal agency that registers trademarks.
What Are The Benefits of a Registered Trademark?
Federal trademark registration is the ultimate protection for any brand. There is no higher level. That makes a Federal trademark the best insurance against having to rebrand.
Here are just some of the reasons why:
- A registered federal trademark is an official confirmation that you own your trademark.
- A registered federal trademark comes with the immediate, exclusive, and nationwide right to use your mark.
- A registered federal trademark will prevent anyone else from registering it (or anything similar) in your industry.
- A registered federal trademark gives you enhanced protection for domain names and social media platforms and access to Amazon’s brand registry.
- A registered federal trademark gives you the legal right to use the ® symbol.
Read about ALL of the legal and financial benefits of trademark registration here.
V. HOW TO REGISTER A TRADEMARK FOR FREE
How to Register a Trademark for Free
You cannot register a trademark for free because every application filed with the U.S. Patent and Trademark Office (“USPTO”) must be accompanied by a non-refundable filing fee. This fee is mandatory and is non-refundable. The USPTO filing fee is $250 or $350 per class of goods or services. Therefore, while it is possible to register a trademark without hiring a lawyer, it can never be free.
Can You Register a Trademark for Free?
No, you cannot register a trademark for free because the U.S. Patent and Trademark Office (“USPTO”) charges a filing fee for every application it receives.
Is There Such a Thing as Free Trademark Registration?
No. To register a trademark, you must pay a non-refundable government filing fee to the United States Patent and Trademark Office (“USPTO”). So, free trademark at the federal level is not an option.
Registration Is The Best Way to Protect Your Trademark
Peace of Mind – Official confirmation that you legally own your trademark
Exclusivity – Prevent competitors from registering your mark and taking it from you.
Distinction – Use the ® symbol and stand out from the competition.
How Much Does Trademark Registration Cost?
Currently, the U.S. Patent and Trademark Office charges a filing fee for every application. The current filing fee is at least $250 per application, and often more when many products or services are listed in the application.
The average cost is between $275 and $400 to file a trademark application with the USPTO. However, the actual cost will depend on several factors, including the complexity of the application. Ultimately, the cost of trademark registration will vary depending on the specifics of your situation.
VI. SUMMARY
In the United States, you can establish “common law” trademark rights in a phrase just by using it to brand your company, products, and/or services. Common law trademark rights are limited and difficult to enforce, however.
The best way to protect a trademark, including a phrase, is to register it with the U.S. Patent and Trademark Office (USPTO). Trademark registration is the way to make sure that no one else registers your mark and takes it from you.
The process of registering a trademark includes filing an application with the USPTO and the USPTO charges a filing fee for every new trademark application. The application fee is currently $250 per class of goods or services that you list in your application. So, there is no such thing as a free trademark registration.
VII. FREQUENTLY ASKED QUESTIONS
1. Can I trademark a phrase for free?
No, you can’t register a phrase for free. You can establish a common law trademark for free, however, by using the phrase to brand your products. Common law trademarks are free and do not require any paperwork or forms. There is no way to register a phrase trademark for free because you will always have to pay at least a small fee that covers the costs of examining and processing your trademark application. There is no way to get a federal trademark for free.
2. What is the least expensive way to trademark a phrase?
The cost to trademark a phrase is between from $250 to $350 per trademark class. This is the fee charged by the USPTO to accept your trademark application. The easiest way to submit an application to register your trademark is online through the USPTO’s Trademark Electronic Application System (TEAS).
3. What is the least expensive way to trademark a phrase?
The cost to trademark a phrase is between from $250 to $350 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest way to submit an application to register your trademark is online, through the USPTO’s Trademark Electronic Application System (TEAS). Learn about how to qualify for the lowest filing fee in our guide to TEAS.
4. What is the cheapest way to trademark?
There is a free option to get a trademark for your name, logo, or phrase. The way to get a free trademark is to establish common law trademark rights by using your mark to brand your business, products, or services. Common law trademark rights have limitations, but they can offer some protection for names, logos, and phrases.
5. Can you trademark things for free?
Yes, you can establish common law trademarks and no cost. However, you cannot register a trademark for free. The U.S. Patent and Trademark Office always charges a filing fee.
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For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).