How can you trademark a phrase or word?

Question

Our word is going to become very popular and I would like to know how to sell it...

Answer 1

To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Prior to investing your time, money & effort into a name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

In the USA, it usually goes like this..

You research the existing trademarks and service marks, make sure the one you're planning to use isn't already used.

Trademark Electronic Search System:
http://tess2.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk

You'll have to draft how that word or phrase will be used. A trademark application is incomplete without a statement identifying the goods and/or services with which the mark is used or will be used. The identification of goods and/or services must be specific enough to identify the nature of the goods and/or services. The level of specificity depends on the type of goods and/or services.

Examples of acceptable identifications:

http://tess2.uspto.gov/netahtml/tidm.html

But that's not all, you need to have clear representation of your mark (word, phrase or whatever) in your application.

When all that is done and you have paid the appropriate filing/registration fees, submit your application online using the Trademark Electronic Application System:
http://www.uspto.gov/teas/index.html

You can read more about the start process here:
http://www.uspto.gov/web/trademarks/workflow/start.htm

Application process monitoring:
http://tarr.uspto.gov/

Also, filing a trademark isn't cheap either. You can see the types of fees for trademarks here:
http://www.uspto.gov/web/offices/ac/qs/ope/fee2006october14.htm#tm

Answer 3

We had our lawyers office do it for us. There is a search process, then other things such as a public notice and a waiting period.

Make sure that you're already using the phrase or words on your packaging or marketing pieces nowl.

Good Luck
Me

Answer 4

Contact the patent and trademark office at www.uspto.com for more information.