Can you trademark a phrase or slogan? Yes—if the phrase functions as a trademark, meaning it identifies and distinguishes the source of specific goods or services, and it satisfies the applicable USPTO requirements.
A phrase is more likely to qualify for federal trademark registration when it is distinctive, is used or intended to be used in commerce, and does not create a likelihood of confusion with an existing mark. A phrase that is generic, merely informational, or used only as decoration generally does not function as a trademark.
For 2026, the USPTO’s base application fee is $350 per class of goods or services, although additional fees may apply depending on the application.
Important: Whether a particular phrase can be registered depends on the specific wording, goods or services, manner of use, and existing trademark rights. This guide provides general information and is not legal advice.
By Michael Kondoudis, USPTO-Registered Attorney With 25+ Years of Trademark Experience
Inventor of the YNAT® Trademarking System | 3,000+ Trademarks & Patents Secured | Amazon #1 Best-Selling Author on Trademarks | Member of the Bar of the U.S. Supreme Court | Trademarks Made Easy®
📌 TL;DR
Yes, you can trademark a phrase or slogan with the USPTO if it functions as a distinctive source identifier for specific goods or services. Fanciful, arbitrary, and suggestive phrases are the strongest candidates. Descriptive phrases usually need acquired distinctiveness (secondary meaning). Generic phrases cannot be registered. The biggest risks for phrase applications are failure to function (ornamental or purely informational use), descriptiveness, and likelihood of confusion. How the phrase is displayed matters — especially on apparel. Federal registration costs $350 per class (base fee) and provides important nationwide benefits, but it does not give unlimited ownership of the words in every context.
Key Takeaways
- A phrase must function as a source identifier — not decoration, messaging, or information — to be registrable.
- Inherently distinctive phrases (fanciful, arbitrary, suggestive) are strongest; descriptive phrases require secondary meaning; generic phrases are never registrable.
- Large front-of-shirt prints and common expressions frequently fail to function as trademarks.
- A proper specimen must show the phrase used as a brand (labels, hang tags, packaging, or qualifying website pages).
- Section 1(a) is for current use in commerce; Section 1(b) is for bona fide intent to use.
- 2026 base USPTO fee is $350 per class; additional fees and attorney fees may apply.
- Federal registration strengthens nationwide rights but does not create unlimited ownership of ordinary words.
What Is a Trademarked Phrase?
A trademarked phrase is a phrase, slogan, tagline, or other wording that functions as a trademark by identifying and distinguishing the source of particular goods or services.
The key question is not simply whether the phrase is clever, original, popular, or commercially valuable.
The key question is:
Would consumers perceive the phrase as identifying the source of the goods or services?
If the phrase communicates a message, provides information, or functions primarily as decoration rather than identifying a source, the phrase may fail to function as a trademark.
Trademark Phrase vs. Slogan vs. Tagline vs. Saying
These terms overlap, but they are not interchangeable:
| Term | General meaning |
|---|---|
| Phrase | A group of words or expression that may or may not function as a trademark |
| Slogan | A phrase commonly used to promote or characterize a brand, product, service, or business |
| Tagline | A short phrase associated with a brand or marketing identity |
| Saying | A commonly expressed phrase or statement that may or may not function as a trademark |
| Trademark | A word, phrase, symbol, design, or other matter that identifies and distinguishes the source of goods or services |
A phrase does not become a trademark merely because a business uses it.
Its function, distinctiveness, and context of use matter.
Can a Slogan or Phrase Be Trademarked?
Yes. A phrase or slogan qualifies for federal registration with the United States Patent and Trademark Office (USPTO) when it functions as a distinctive source identifier for specific goods or services, is sufficiently distinctive, does not create a likelihood of confusion with existing marks, and is used or intended to be used in commerce.
A phrase may be registrable when consumers would understand it as identifying one commercial source rather than merely communicating a message.
For example, a phrase used consistently as a brand identifier on product packaging may function differently from the same phrase printed prominently across the front of a shirt as a decorative statement.
The Four Core Requirements
A phrase generally needs to satisfy four fundamental requirements:
- Use in Commerce (15 U.S.C. § 1127): The trademark must be actively used in lawful commercial trade that Congress can regulate.
- Distinctiveness (15 U.S.C. § 1052): The trademark must possess inherent or acquired distinctiveness on the Abercrombie Spectrum so it can identify a single source.
- Statutory Eligibility (15 U.S.C. § 1052): The trademark must not contain elements prohibited by the Lanham Act.
- No Likelihood of Confusion (15 U.S.C. § 1052(d)): The trademark must not create a likelihood of confusion with an existing mark.
These requirements work together. For a detailed explanation of these four core requirements, see our guide The Four Requirements for a Trademark.
A phrase can be distinctive but still encounter a likelihood-of-confusion problem. A phrase can also be commercially important to a business but fail to function as a trademark.
U.S. Trademark No. 1,151,224 for DON’T LEAVE HOME WITHOUT IT
What Makes a Phrase Distinctive Enough to Register?
The USPTO evaluates trademarks along a distinctiveness spectrum.
The major categories are:
- Fanciful phrases
A fanciful mark uses invented wording with no ordinary meaning before it is adopted as a trademark.
These marks can be inherently distinctive.
- Arbitrary phrases
An arbitrary mark uses an existing word or phrase in an unrelated context.
The ordinary meaning of the wording does not describe the goods or services.
- Suggestive phrases
A suggestive mark requires consumers to use imagination or thought to connect the mark with the relevant goods or services.
Suggestive marks can be inherently distinctive.
- Descriptive phrases
A descriptive phrase directly describes a quality, feature, characteristic, purpose, or other aspect of the goods or services.
A descriptive phrase generally requires acquired distinctiveness, also called secondary meaning, to qualify for registration on the Principal Register.
Section 2(f) is relevant to claims of acquired distinctiveness.
Five years of substantially exclusive and continuous use can serve as prima facie evidence in appropriate circumstances, although additional evidence may be necessary depending on the phrase and marketplace (TMEP §1212.05).
- Generic phrases
A generic term identifies the common name of the relevant goods or services.
A generic term cannot be registered as a trademark for those goods or services.
Deeper Dive: For a deeper dive into the distinctiveness spectrum used by the USPTO to evaluate phrases, read our guide: What Are the Different Types of Trademarks (Format + Strength Explained).
Simple Distinctiveness Test
Ask:
Does the phrase tell consumers what the product or service is, describe it, suggest it, or identify who provides it?
The answer can help determine where the phrase falls on the distinctiveness spectrum, but a definitive legal determination requires analysis of the specific mark, goods or services, and marketplace context.
Can You Trademark a Common Phrase?
Sometimes, but common usage can create significant problems.
A phrase does not automatically become unregistrable simply because other people have used similar wording.
The more important questions include:
- Does the phrase function as a source identifier?
- How is the phrase perceived by consumers?
- Is it commonly used as a message or expression?
- Is it descriptive or generic?
- Are other businesses using the same or similar wording?
- Could consumers be confused about the source?
A phrase that is widely used as an ordinary expression, social message, informational statement, or decorative slogan may have difficulty functioning as a trademark.
Can You Trademark a Popular or Viral Phrase?
Popularity alone does not determine whether a phrase can be trademarked.
A viral or popular phrase may be registrable if it functions as a trademark for specific goods or services and satisfies the other registration requirements.
However, widespread third-party use can make it more difficult to establish that consumers perceive the phrase as identifying a single commercial source.
Before filing, investigate how the phrase is already being used.
Can You Trademark Clothing Slogans?
Sometimes—but the manner in which the phrase appears on the clothing is important.
A slogan prominently displayed across the front of a T-shirt may be perceived by purchasers as a decorative or informational message rather than as a trademark.
By contrast, a phrase used in a manner that consumers are more likely to perceive as a brand identifier may provide stronger evidence of trademark function.
Why Ornamental Use Matters
The USPTO can refuse a mark when the applied-for wording is merely ornamental or decorative and therefore does not function as a trademark.
Factors can include:
- Size
- Location
- Prominence
- Overall commercial impression
- The significance of the wording
- How consumers would perceive the wording in the marketplace
The same phrase can potentially have different trademark significance depending on how it is used.
Example
A large slogan printed across the front of a shirt may communicate a message or decoration.
A smaller phrase appearing in a trademark-oriented position, such as a neck label, may create a different commercial impression.
The location of a phrase is not automatically determinative, however. The USPTO evaluates the overall circumstances.
What Is a Proper Specimen for a Phrase Trademark?
A specimen is evidence showing how a mark is actually used in commerce in connection with the goods or services identified in the application.
For a phrase trademark, the specimen should demonstrate trademark use, not merely decorative or informational use.
Examples of Potentially Appropriate Specimens
Depending on the goods or services, examples can include:
- Product packaging
- Product labels
- Hang tags
- Clothing neck labels
- Website pages displaying the phrase as a trademark and providing a means to purchase the goods
- Other marketplace evidence showing the phrase functioning as a source identifier
Examples of Potentially Problematic Specimens
Depending on the goods and services, examples can include:
- Large decorative wording across the front of apparel
- A phrase used solely as ornamentation
- A phrase used only as a general message
- A phrase that does not create the commercial impression of a trademark
The specimen must be evaluated in the context of the particular goods or services. When reviewing a specimen, the examining attorney looks first at size, location, and commercial impression. Placement on a neck label, hang tag, or packaging is far more likely to be accepted as trademark use. Large front-of-shirt prints almost always trigger an ornamental refusal under TMEP §§1202.03 and 904.07(b).
Common Reasons a Phrase Trademark Application Is Refused
The most important potential refusal grounds include:
- Failure to function: The phrase does not operate as a source identifier.
- Ornamental use: The phrase is primarily decorative (especially large front-of-shirt prints).
- Informational matter: The phrase communicates a general message or information rather than identifying source (examples: “Thank You,” “Drive Safely,” “Proudly Made in the USA”).
- Descriptiveness: The phrase directly describes the goods or services.
- Genericness: The phrase is the common name for the goods or services.
- Likelihood of confusion: The phrase is sufficiently similar to an existing mark, in relation to the relevant goods or services, that consumers could be confused about source.
Why a Trademark Search Matters
A phrase that looks distinctive in isolation can still encounter problems if another party already owns or uses a confusingly similar mark.
That is why a serious clearance search should look beyond a simple exact-word search.
To learn more about trademark searching, read our guide: How to Do a Trademark Lookup.
What Happens If Someone Else Is Already Using the Phrase?
Prior use by another party can create significant trademark problems.
Federal registration is not the only source of trademark rights. Common-law rights can arise from actual use in commerce, subject to the applicable requirements and geographic scope.
Before filing, a comprehensive clearance search should consider:
- USPTO records
- Federal registrations and applications
- Common-law uses
- Business websites
- Online marketplaces
- Social media
- Domain names
- State records
- Industry-specific use
The relevant question is not merely:
“Does anyone use these exact words?”
Th relevant question is:
“Could existing use create trademark rights or a likelihood of confusion in the relevant marketplace?”
Common-Law Rights vs. Federal Registration
Common law trademark rights arise automatically, without federal registration with the USPTO, from actual use of a phrase in commerce within a specific geographic area (You can learn how to establish common-law rights in a phrase for free here). However, federal registration on the Principal Register provides important advantages.
15 U.S. Code § 1115 (Section 33 of the Lanham Act) establishes that federal registration on the Principal Register provides these advantages:
- Nationwide constructive notice of the registration claim
- A legal presumption of ownership and validity
- The ability to use the ® symbol after registration
- The ability to bring certain actions in federal court
- Potential eligibility for statutory damages and attorney’s fees in qualifying cases
- A basis for certain international filing strategies, including the Madrid Protocol
Federal registration does not mean that the owner controls the phrase in every possible context.
Trademark rights are tied to the relevant goods or services and the scope of protection provided by trademark law.
A third party may still use the same or similar wording in unrelated fields, in descriptive or non-trademark ways, or in contexts that do not function as a source identifier. Overly broad enforcement attempts can themselves create legal risk.
What Does a Federal Trademark Registration Protect?
A trademark registration does not give the owner unlimited ownership of ordinary words in every context.
Trademark protection generally concerns use of the mark in connection with the goods or services covered by the registration and uses that fall within the applicable scope of trademark protection.
Another person may potentially use identical or similar wording:
- In an unrelated field
- In a descriptive manner
- In a non-trademark manner
- In a context that does not create a likelihood of confusion
The precise scope of protection and exclusivity depends on the facts.
™ vs. ® Symbol Usage
TM: The ™ symbol may be used immediately with any phrase claimed as a trademark, whether or not a federal application has been filed. It provides public notice of a claim to common-law or pending rights.
®: The ® symbol may be used only after the United States Patent and Trademark Office has issued a federal registration on the Principal Register or Supplemental Register. Using the ® symbol before a trademark is registered can result in loss of certain rights or other legal consequences.
For a complete explanation of when and how to use each symbol correctly, see our Guide to Trademark Symbols.
How to Trademark a Phrase: Step-by-Step
The typical federal registration process involves several stages.
Step 1: Evaluate whether the phrase functions as a trademark
Determine whether consumers are likely to perceive the phrase as identifying the source of your goods or services.
Ask whether the phrase is:
- A brand identifier
- A decorative expression
- An informational message
- Descriptive
- Generic
- A potentially distinctive mark
Step 2: Conduct a trademark clearance search
Search the USPTO database and relevant common-law sources.
Look for:
- Exact matches
- Similar wording
- Similar sounds
- Similar meanings
- Similar commercial impressions
- Related goods or services
- Existing marketplace use
To learn more about trademark searching, read our guide to trademark lookups.
Step 3: Identify the correct goods and services
Trademark applications identify the goods and services for which protection is sought.
Goods and services are organized into 45 international classes.
The correct classification and identification are important because trademark rights are connected to the identified goods or services. For guidance and more detail about trademark classes, read our Ultimate Guide to Trademark Classes.
Step 4: Select the filing basis
Two common U.S. filing bases are:
Section 1(a): Use in commerce
Use Section 1(a) when the mark is already being used in commerce in connection with the identified goods or services and the application satisfies the applicable requirements.
Section 1(b): Intent to use
Use Section 1(b) when there is a bona fide intention to use the mark in commerce but qualifying use has not yet begun.
A Section 1(b) application requires additional steps before registration, including submission of evidence of use and payment of the applicable fee.
Step 5: Prepare the specimen when required
For an application based on use in commerce, prepare a specimen that shows the phrase functioning as a trademark in connection with the identified goods or services.
Step 6: File the application
Submit the application through the USPTO’s current electronic trademark filing system and pay the applicable fees.
Step 7: Monitor the application
Monitor the application for USPTO correspondence and respond to Office Actions within the applicable deadline.
Step 8: Complete post-filing requirements
For an intent-to-use application, additional steps may be necessary after the Notice of Allowance before the mark can register.
Step 9: Maintain the registration
After registration, required maintenance filings and fees must be submitted to keep the registration active.
How Much Does It Cost to Trademark a Phrase in 2026?
The USPTO base application fee is $350 per class for the applicable electronically filed Section 1 or Section 44 applications.
Additional fees can apply.
| Fee | Current USPTO amount |
|---|---|
| Base application | $350 per class |
| Insufficient information | $100 per class |
| Certain free-form identification | $200 per class |
| Additional 1,000-character group in qualifying free-form identification | $200 |
| Amendment to Allege Use | $150 per class |
| Statement of Use | $150 per class |
| Six-month Statement of Use extension | $125 per class |
| Section 8 declaration | $325 per class |
| Combined Section 8 + Section 9 filing | $650 per class |
Attorney fees are separate and vary according to the complexity of the search, application, goods/services, prosecution, and any Office Action or other legal work.
The USPTO fee schedule can change, so check the current USPTO Trademark Fee Schedule before filing.
How Long Does It Take to Trademark a Phrase?
Trademark processing time varies according to the application and whether issues arise during examination.
The original guide reports these approximate figures:
| Timeline | Approximate duration |
|---|---|
| Time to first examining action | 4.2 months |
| Straightforward application to registration | 9–10 months |
| Application involving Office Actions or extensions | 10–18 months |
These figures are estimates. Processing times can change, so applicants should check the USPTO’s Trademark Dashboard for current processing information when planning a filing.
What Maintenance Is Required After a Phrase Trademark Registers?
Federal trademark registration requires ongoing maintenance.
Important filings include:
Between years 5 and 6
A Section 8 Declaration of Continued Use is generally required during the applicable maintenance period.
Between years 9 and 10
A combined Section 8 + Section 9 renewal is generally required.
After that
Registrations generally require renewal every 10 years, subject to the applicable USPTO requirements.
Failure to submit required maintenance filings can result in cancellation of the registration.
Can You Trademark a Phrase for Multiple Products?
Yes, potentially—but trademark protection is tied to the goods and services identified in the registration.
For example, a phrase used for clothing and the same phrase used for unrelated software services may involve different trademark classifications and different legal analyses.
A trademark application can include multiple international classes, but the USPTO charges its base application fee on a per-class basis.
The goods/services identification should be accurate and strategically appropriate.
Can You Trademark a Phrase Without Registering It?
Yes. You may acquire limited common-law trademark rights through qualifying use in commerce without filing a federal application. For a detailed explanation of how to establish and protect common-law rights without a USPTO filing fee, see our guide to how to trademark a phrase for free.
However, common-law rights can be more limited in geographic scope and can be harder to establish and enforce than federal registration rights.
Federal registration can provide important additional legal advantages.
Can You Trademark a Phrase for Free?
Federal registration is never free.
Qualifying common-law trademark rights can arise through use in commerce without paying a federal filing fee, but federal registration requires payment of the applicable USPTO fees.
The current USPTO base application fee is $350 per class, before any additional USPTO fees or attorney fees.
Can a Descriptive Phrase Eventually Become a Trademark?
Yes, potentially.
A descriptive phrase can qualify for registration on the Principal Register when it acquires distinctiveness—also called secondary meaning—under the applicable legal standard.
Evidence of acquired distinctiveness can include factors such as:
- Length and continuity of use
- Advertising
- Sales
- Consumer recognition
- Market share
- Media coverage
- Survey evidence
- Other evidence showing that consumers associate the phrase with a particular source
Five years of substantially exclusive and continuous use can provide prima facie evidence in appropriate circumstances, but it does not automatically guarantee registration.
What Is the Difference Between Trademark and Copyright Protection for a Phrase?
Trademark and copyright protect different things.
Copyright generally does not protect short phrases or slogans as such.
Trademark law can protect wording when it functions as a source identifier for goods or services and satisfies trademark requirements.
Copyright can protect qualifying original works of authorship that contain sufficient expression.
Therefore:
If the business purpose is to identify the source of goods or services, trademark law is generally the more relevant form of protection for a phrase.
For a more detailed comparison and contrast between copyrights and trademarks, read Trademark vs. Copyright: An Easy Guide.
Does a Trademark Protect a Phrase Worldwide?
No. A U.S. federal trademark registration does not automatically create worldwide trademark protection.
A U.S. registration provides protection under U.S. trademark law.
Businesses seeking protection in other countries generally need to consider the applicable foreign filing systems, including potentially an international application through the Madrid Protocol where the requirements are satisfied.
International trademark strategy should be considered before entering foreign markets.
Phrase Trademark Decision Tree
Use this simplified framework as a starting point:
Is the phrase being used to identify a source?
No → It may fail to function as a trademark.
Yes → Continue.
Is the phrase generic for the goods or services?
Yes → It generally cannot be registered.
No → Continue.
Is the phrase descriptive?
Yes → Determine whether acquired distinctiveness can be established.
No → Continue.
Is the phrase fanciful, arbitrary, or suggestive?
Potentially → It may be inherently distinctive.
Is another party using a similar mark for related goods or services?
Yes → Analyze potential likelihood of confusion and existing rights.
No → Continue.
Is the phrase actually being used in commerce?
Yes → A Section 1(a) filing may be appropriate if the other requirements are satisfied.
No, but there is a bona fide intent to use it → A Section 1(b) filing may be appropriate.
Does the specimen show trademark use?
No → The application may face a specimen or failure-to-function problem.
Yes → Continue with the application process.
Phrase Trademark Checklist
Before filing, consider whether you have completed these steps:
- Determine whether the phrase functions as a source identifier.
- Evaluate the phrase on the distinctiveness spectrum.
- Search the USPTO database.
- Search relevant common-law uses.
- Search websites, marketplaces, domains, and industry sources.
- Identify the correct goods and services.
- Determine the appropriate international class or classes.
- Select the appropriate filing basis.
- Prepare an appropriate specimen if required.
- Review the application for completeness.
- File through the USPTO’s current filing system.
- Monitor the application for Office Actions and other correspondence.
- Calendar required post-registration maintenance deadlines.
Protect Your Phrase The Right Way
Trademark registration is not simply a matter of finding a phrase that nobody else has used.
The critical question is whether the phrase functions as a trademark in the context of the particular goods or services.
That requires analyzing:
The phrase AND
→ how consumers perceive it
→ how it is used
→ what goods or services are involved
→ whether it is distinctive
→ whether others have relevant rights
→ whether the application and specimen satisfy USPTO requirements
A strong trademark strategy therefore begins before the application is filed.
Why Do You Need a Trademark Attorney for a Phrase Trademark?
Applications filed with experienced legal counsel have a 53% higher success rate, according to a longitudinal study of USPTO data published by the International Trademark Association (INTA).
The USPTO itself strongly recommends working with a trademark attorney because federal trademarking is a complex legal process.
An experienced attorney helps avoid the most common pitfalls that cause DIY applications to fail and produces a stronger, more enforceable registration from the start.
An experienced attorney helps you avoid the most common pitfalls that sink DIY applications and builds a stronger, more enforceable registration from day one.
Key advantages include:
- Comprehensive clearance searches that actually identify real risks (not just database hits)
- Proper identification of goods/services that maximizes scope while surviving examination
- High-quality drawings and specimens that meet USPTO technical requirements
- Strategic responses to office actions that overcome refusals instead of abandoning
- Long-term brand strategy that turns your logo registration into a valuable, defensible asset
Working with a trademark attorney can make the trademarking process go faster and more smoothly, and yield greater protection.
Protect Your Brand the Easy Way
At The Law Office of Michael E. Kondoudis, we help founders, creators, entrepreneurs, and new and established businesses protect and grow their most valuable assets — their names and brands.
We serve clients nationwide and internationally from our headquarters near the USPTO in Washington, DC.
With more than 25 years of focused trademark experience and 1,000s of trademarks searched and filed, we take a practical, business-first approach.
We don’t overcomplicate the process. We clear the path so you can move forward with confidence. We also make getting started simple — whether you want guidance first or you’re ready to move forward now.
- Prefer to talk it through? Schedule a free strategy consultation. I’ll review your situation, answer your questions, and give you clear next steps — no pressure and no obligation.
- Ready to get started on your own timeline? Place an online order for a clearance search, trademark application, or related service. The process is straightforward and designed to keep things efficient.
Trademarks Made Easy® isn’t just our registered slogan—it’s how we work.
Honest Advice • Personalized Guidance • Fixed Fees
Frequently Asked Questions (FAQs) About Trademarking a Phrase
This reference section provides immediate, direct answers to the most common questions about trademarking a phrase.
Can a Phrase or Slogan Be Trademarked With the USPTO?
Yes. A phrase or slogan can be registered as a federal trademark with the U.S. Patent and Trademark Office (USPTO) when it functions as a distinctive source identifier for specific goods or services, satisfies the applicable trademark requirements, and does not create a likelihood of confusion with an existing mark. The phrase must also be used in commerce or be the subject of a qualifying intent-to-use application.
What Makes a Phrase Distinctive Enough to Register as a Trademark?
A phrase is generally strongest for federal trademark registration when it is fanciful, arbitrary, or suggestive because those categories can be inherently distinctive. A descriptive phrase directly describes a feature, quality, characteristic, purpose, or other aspect of the relevant goods or services and generally requires acquired distinctiveness, also called secondary meaning, to qualify for registration on the Principal Register. Generic wording cannot be registered as a trademark for the relevant goods or services.
What Is the Most Common Reason a Phrase Trademark Application Is Refused?
A phrase trademark application can be refused for several reasons, including failure to function as a trademark, ornamental or decorative use, informational matter, descriptiveness, genericness, and likelihood of confusion with an existing mark. For phrase trademarks, a central issue is whether consumers would perceive the wording as identifying the source of particular goods or services rather than merely communicating a message or providing decoration.
Can a Popular or Viral Phrase Be Trademarked?
Yes, potentially. A popular or viral phrase can qualify for federal trademark registration if the phrase functions as a distinctive source identifier for specific goods or services and satisfies the other USPTO requirements. Popularity alone does not make a phrase unregistrable. However, widespread third-party use can make it harder to establish trademark significance because consumers may perceive the phrase as a common expression, informational message, or decorative statement rather than as a single commercial source.
What Is a Proper Specimen for a Phrase Trademark Application?
A proper specimen shows how the phrase is actually used in commerce as a trademark in connection with the goods or services identified in the application. Depending on the goods or services, potentially appropriate specimens include product packaging, product labels, hang tags, clothing neck labels, and qualifying website pages that display the phrase as a trademark and provide a way to purchase the goods. A specimen showing only decorative, informational, or ornamental use may not establish trademark use.
Why Are Large Front-of-Shirt Prints Usually Refused as Trademarks?
Large phrases printed prominently across the front of a shirt are often refused because consumers may perceive the wording as decoration or an informational message rather than as a trademark identifying the source of the clothing. The USPTO considers the overall commercial impression, including the phrase’s size, location, prominence, and significance. A phrase appearing on a neck label, hang tag, packaging, or another trademark-oriented location may provide stronger evidence of trademark use, although placement alone does not determine the outcome.
Should I File a Section 1(a) or Section 1(b) Trademark Application for a Phrase?
File a Section 1(a) application when the phrase is already being used in commerce in connection with the identified goods or services and the application satisfies the applicable requirements. File a Section 1(b) intent-to-use application when the applicant has a bona fide intention to use the phrase in commerce but qualifying use has not yet begun. A Section 1(b) application requires additional steps before registration, including evidence of qualifying use and payment of the applicable fee.
How Much Does It Cost to Trademark a Phrase in 2026?
The USPTO base application fee for an applicable electronically filed federal trademark application is $350 per class of goods or services. Additional USPTO fees may apply, including fees associated with insufficient information, certain free-form identifications, Statements of Use, or other filings. Attorney fees are separate and vary depending on the trademark search, application, goods and services, Office Actions, and other legal work. USPTO fees can change, so applicants should verify the current fee schedule before filing.
How Long Does It Take to Trademark a Phrase in 2026?
The time required to obtain a federal trademark registration for a phrase varies depending on the application and whether the USPTO raises issues during examination. The current guide reports approximately 4.2 months to a first examining action, about 9–10 months for a straightforward application to reach registration, and approximately 10–18 months for applications involving Office Actions or extensions. These are estimates, not guarantees, and applicants should check the USPTO’s current processing-time information when planning a filing.
What Is the Difference Between Trademarking a Phrase and Copyrighting a Phrase?
Trademark and copyright law protect different types of rights. A trademark can protect a phrase when the phrase functions as a source identifier for particular goods or services and satisfies the requirements for trademark protection. Copyright generally does not protect short phrases, slogans, or other brief expressions as such, although a longer original work containing a phrase may qualify for copyright protection. If the primary purpose of protecting the phrase is to identify a brand or commercial source, trademark law is generally the more relevant form of protection.
Can a Phrase Be Trademarked for Free?
Federal trademark registration is not free because the USPTO charges an application filing fee. However, qualifying common-law trademark rights can arise through actual use of a phrase in commerce without paying a federal trademark filing fee. Common-law rights and federal registration are not equivalent: common-law rights can be more limited in geographic scope and may be more difficult to establish or enforce than rights associated with a federal registration.
What Maintenance Is Required After a Phrase Trademark Registers?
A federally registered phrase trademark requires periodic maintenance filings with the USPTO. Generally, the registrant must file a Section 8 Declaration of Continued Use during the applicable period between the fifth and sixth years after registration. A combined Section 8 Declaration and Section 9 renewal is generally required between the ninth and tenth years, followed by additional renewal filings every 10 years. Failure to file required maintenance documents can result in cancellation of the registration.
Can a Descriptive Phrase Eventually Be Registered as a Trademark?
Yes, potentially. A descriptive phrase can qualify for registration on the USPTO’s Principal Register if the applicant establishes acquired distinctiveness, also called secondary meaning, under Section 2(f) of the Lanham Act. Evidence may include the length and continuity of use, advertising, sales, consumer recognition, market share, media coverage, survey evidence, and other evidence showing that consumers associate the phrase with a particular commercial source. Five years of substantially exclusive and continuous use can provide prima facie evidence of acquired distinctiveness in appropriate circumstances, but it does not automatically guarantee registration.
What Happens If a Phrase Trademark Application Is Refused for Failure to Function?
A failure-to-function refusal means the USPTO has determined that the applied-for phrase does not function as a trademark because consumers would not perceive the phrase as identifying and distinguishing the source of the goods or services. Depending on the circumstances, an applicant may respond with evidence showing that consumers perceive the phrase as a trademark, provide a different or amended specimen when permitted, or address the manner in which the phrase is used with the identified goods or services. The appropriate response depends on the specific refusal and evidence in the application record.
About the Author and Why You Can Trust This Guide
About the Author and Trademark Expertise
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Key Definitions
Source identifier
A word, phrase, symbol, design, or other matter that consumers perceive as identifying and distinguishing the source of goods or services.
Distinctiveness
The degree to which a mark identifies a particular source rather than merely describing, naming, or communicating information about goods or services.
Acquired distinctiveness
Consumer recognition developed through use and other evidence, sometimes called secondary meaning.
Specimen
Evidence showing how a mark is used in commerce in connection with the goods or services identified in an application when a specimen is required.
Failure to function
A situation in which matter does not operate as a trademark because consumers would not perceive it as identifying and distinguishing source.
Ornamental use
Use in which matter is perceived primarily as decoration rather than as a trademark.
Informational matter
Matter perceived as communicating general information, an ordinary message, or other information rather than identifying source.
Likelihood of confusion
A legal issue that can arise when a proposed mark is sufficiently related to an existing mark and the relevant circumstances could cause consumers to believe that the goods or services come from the same or related sources.
Principal Register
The USPTO register providing the primary federal registration system for qualifying trademarks.
Section 1(a)
A trademark application filing basis based on use of the mark in commerce.
Section 1(b)
A trademark application filing basis based on a bona fide intention to use the mark in commerce.
Section 2(f)
A provision concerning acquired distinctiveness for otherwise qualifying matter.
Trademark Attorney-Client Privilege Disclaimer
Disclaimer: No Attorney-Client Relationship or Legal Advice
This content is for general informational and educational purposes only and does not constitute legal advice. Reading or interacting with it does not create an attorney-client relationship. A formal relationship is formed only through a signed engagement agreement. Reading, sharing, or interacting with this content does not create an attorney-client relationship.
Do not send confidential trademark concepts or brand names through comments, forms, or email on this site — unsolicited information is not privileged. Trademark rights depend on specific facts and jurisdiction. Past results do not guarantee future outcomes. Consult a licensed trademark attorney for advice on your situation.
Remember: I am an experienced trademark attorney. However, I am not your attorney.
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).