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Can I Trademark a Phrase? What Business Owners Need to Know

Trademarks aren’t just for logos and brand names! Catchy phrases and slogans can also be protected, giving your business a powerful tool to stand out in a crowded market. But not every phrase qualifies for trademark protection, and the rules can be confusing.

At Landry Legal, we regularly help clients determine if their slogan or phrase is eligible for trademark registration and guide them through the process.

What Phrases Can Be Trademarked?

To be eligible for trademark protection, a phrase must be:

  • Distinctive: It should identify your business or product and not be too generic or descriptive.
  • Used in Commerce: You must be actively using the phrase in connection with your goods or services.
  • Not Already Registered: The phrase must not be confusingly similar to an existing trademark in your industry.

Phrases like Nike’s “Just Do It” or McDonald’s “I’m Lovin’ It” are prime examples of registered trademarks that are both memorable and tied directly to the brand’s identity.

What You Can’t Trademark

  • Common sayings or expressions used widely by the public
  • Descriptive phrases that merely describe a product or service (“Fresh Baked Bread”)
  • Phrases that are too generic or promotional, like “Best in Town”

Why Trademark a Phrase?

Trademarking your business slogan or phrase can:

  • Prevent competitors from using it
  • Add value to your brand
  • Provide legal recourse if it’s copied
  • Create brand recognition with customers

How Landry Legal Can Help

Trademarking a phrase isn’t as simple as just filing a form. The USPTO often rejects applications that don’t meet their strict requirements. We offer:

  • A comprehensive search to check for conflicts
  • Legal advice on whether your phrase qualifies
  • Complete filing and registration support

Don’t risk losing your slogan to a competitor. If you’ve created a phrase that represents your business, take the next step to protect it.

Call 888-914-0011 or email us at contact@landrypllc.com to schedule a trademark consultation, or visit https://landrypllc.com/trademark-services/ to learn more.

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