How to Copyright a Name or Phrase Legally

Key Takeaways

• Short phrases, names, and slogans generally cannot be copyrighted because they lack sufficient creativity or originality.
• Trademark registration is the correct legal route for protecting a business name, phrase, or slogan used in commerce.
• To trademark a name, it must be distinctive, not generic, and used to identify the source of goods or services.
• Copyright protection may apply only when the name or phrase appears as part of a creative work (like a logo, song lyric, or book title).
• The USPTO trademark process involves searching existing marks, choosing the right class, filing online, and maintaining registration.
• Hiring an experienced intellectual property attorney can increase your chances of approval and help you avoid costly errors.

Want to Copyright a Phrase?

Here are a few things you need to know about copyright law.

Names, titles, slogans or even short phrases are not protected under copyright law. To understand why this is, one must first learn a little more about copyright law itself.

To obtain a valid copyright you will need to satisfy three elements that the U.S. government has set out.

The first is that you need to have an individually created work that has some minimal degree of originality.

The second is that the work must be one of the eight “works of authorship” that the United States Copyright Office has defined.

Lastly, the work must be fixed, meaning the work should be written, recorded or otherwise embedded in some physical form. Anyone should be able to reproduce the work of art you create.

A phrase on the other hand, is not something that the United States Copyright Office has categorized as a work of authorship. Copyright law does not protect ideas, concepts, systems or methods of doing something. However, in many cases a phrase can be protected as a trademark.

Additionally, copyright protection may be appropriate for a logo or art work that contains sufficient authorship. In some circumstances, an artistic logo may even be covered by both copyright and trademark protection.

Understanding the Difference Between Copyright and Trademark

Many people searching for “how to copyright a name” actually need to trademark it. Copyright law protects original works of authorship such as books, songs, films, and artwork. In contrast, trademark law protects brand identifiers—like names, phrases, and logos—that distinguish one business or product from another.

If you want to stop others from using your business or product name, you need to pursue trademark protection, not copyright. However, if your name appears within a creative work—such as the title of a song or artwork—it may indirectly receive limited protection through the copyright of that larger work.

Can a Phrase Be Both Copyrighted and Trademarked?

In rare cases, a phrase may appear in a larger creative work that qualifies for copyright (e.g., part of a poem, song lyric, or original illustration). In these situations:

• The phrase itself still isn’t copyrighted independently.
• The overall work, which includes the phrase, receives copyright protection.
• You may still pursue trademark protection separately for the phrase if it’s used to market or brand a product.

This dual protection is common in logos that combine graphic elements with stylized text. The logo may be copyrightable as visual art, while the text portion can function as a trademark.

How to Copyright a Name in a Creative Work

Although names and short phrases aren’t independently copyrightable, they can still appear within a larger copyrighted work. For example:

• A book title cannot be copyrighted, but the book itself is protected.
• A song lyric that includes a short phrase is protected as part of the full musical composition.
• A graphic design or logo containing stylized text may qualify for copyright if the artwork meets originality standards.

In these cases, the protection applies to the overall creative expression, not the name alone. You can register your artwork, literary, or musical work with the U.S. Copyright Office to secure copyright for the entire piece.

Common Reasons Trademark Applications Are Denied

Your phrase might be rejected by the USPTO if it:

• Is too generic or descriptive (e.g., “Cold Ice Cream” for a dessert company).
• Is deceptively misdescriptive (e.g., suggesting something untrue about the product).
• Conflicts with an existing mark in the same category of goods/services.
• Lacks secondary meaning, especially if it is a slogan in use by many companies.

If rejected, you can appeal the decision or revise and resubmit the application with the help of a trademark attorney.

How to Strengthen a Trademark Application

To avoid USPTO rejections, ensure that your name or phrase is:

• Distinctive: Avoid generic or descriptive terms. Consider creating a coined or suggestive mark.
• Unique: Perform a comprehensive TESS search to check for existing marks.
• Used in Commerce: Provide examples showing that the phrase identifies your brand on products, packaging, or advertising.
• Properly Classified: Select the correct International Class for your goods or services.

You can also enhance your application by showing “secondary meaning”—proof that consumers associate your name specifically with your brand over time.

How to Trademark a Phrase with the USPTO

To secure trademark protection for your phrase through the United States Patent and Trademark Office (USPTO), follow these steps:

1. Conduct a Trademark Search: Use the USPTO’s TESS system to ensure your phrase isn’t already in use.
2. Determine the Appropriate Class: The USPTO categorizes goods and services into 45 classes. Choose the one that best matches your use case.
3. Demonstrate Use in Commerce: You must show how the phrase is actively used in your business—on product packaging, marketing, websites, etc.
4. File Your Application: Submit your trademark application online via the USPTO's TEAS portal. Expect to pay between $250–$350 per class.
5. Monitor and Respond: Watch for correspondence from the USPTO. You may need to clarify, amend, or defend your application during review.
6. Maintain and Renew: After registration, you must periodically confirm your mark is still in use and pay renewal fees.

Costs and Timeline for Trademark Registration

Filing fees for a U.S. trademark range from $250 to $350 per class, depending on the application type (TEAS Plus or TEAS Standard). You may also incur additional fees if you hire an attorney or need to respond to USPTO office actions.

The typical registration process takes 8 to 12 months, including:

1. Initial Examination: The USPTO reviews the application for completeness and conflicts.
2. Publication for Opposition: Other businesses can challenge your mark within 30 days.
3. Final Registration: Once approved, you’ll receive a certificate of registration.

After five years, you must file a Declaration of Continued Use (Section 8) to keep your trademark active, and renew it every 10 years thereafter.

When a Phrase Qualifies for Trademark Instead

While copyright won’t protect your phrase, you may be able to trademark it if it identifies and distinguishes your brand. A phrase can serve as a trademark if it is used in commerce and uniquely associated with your goods or services.

To be trademark-eligible, the phrase should be:

• Distinctive rather than generic or merely descriptive.
• Used in marketing or branding materials, like packaging or websites.
• Not already registered by another party for similar goods/services.

For instance, phrases like “Just Do It” or “I’m Lovin’ It” have acquired strong brand recognition and are protected trademarks.

Trademark vs. Copyright: Which Protection Do You Need?

Choosing between copyright and trademark depends on how your name or phrase is used:

If your goal is to prevent others from using your name commercially, trademarking is the appropriate legal step.

Why Copyright Doesn’t Cover Short Phrases

The U.S. Copyright Office clearly states that it does not offer copyright protection for names, titles, short phrases, or slogans. This is because these types of expressions lack the originality and substantive content required for copyright eligibility. Copyright is meant to protect original works of authorship—such as books, music, and film—not taglines or catchphrases.

However, if your phrase is part of a larger original work, such as an illustrated logo or a creative script, the overall work may be copyrightable. In such cases, it’s the artistic or literary merit of the combined elements—not the phrase alone—that qualifies for protection.

International Considerations for Protecting a Name

If you plan to do business internationally, consider registering your trademark in multiple jurisdictions. The Madrid System allows trademark owners to seek protection in over 120 countries with one application through the World Intellectual Property Organization (WIPO).

Each participating country reviews your application based on its local laws. While the U.S. Copyright Office handles domestic copyright registration, international copyright protection arises automatically under the Berne Convention—though enforcement still depends on local laws.

This approach ensures your brand or name remains protected as you expand into new markets.

Frequently Asked Questions

1. Can I copyright my business name?
   No. Business names cannot be copyrighted, but you can protect them through trademark registration with the USPTO.
2. How much does it cost to copyright or trademark a name?
   Copyright registration costs around $45–$65, while trademark registration typically costs $250–$350 per class.
3. How long does a trademark last?
   A U.S. trademark lasts indefinitely as long as you continue using it and file required maintenance documents every 5 to 10 years.
4. Can I protect my name worldwide?
   Yes. Through the Madrid Protocol, you can apply for international trademark protection covering multiple countries.
5. Do I need a lawyer to file a trademark?
   While not required, hiring a trademark attorney can help you navigate USPTO requirements and improve your chances of approval.

If you need help with how to copyright a name, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.