Key Takeaways

  • Copyright law generally does not protect short phrases, slogans, or taglines.
  • Trademark protection is the appropriate legal route for safeguarding a phrase used in commerce.
  • You must prove that your phrase is distinctive and tied to your brand.
  • Trademark applications are handled through the USPTO and involve a detailed process, including searches and classifications.
  • If your phrase is part of a creative work (like a graphic logo), it may qualify for copyright as part of that work.

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.

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.

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 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.

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.

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.

Frequently Asked Questions

1. Can I copyright a phrase I made up? No, phrases are generally not eligible for copyright protection. You may be able to trademark it if it’s used in commerce and is distinctive.

2. How do I protect a slogan legally? Register it as a trademark with the USPTO. This gives you legal rights to prevent others from using a confusingly similar phrase in your industry.

3. Is a trademark the same as a copyright? No. Copyright protects creative works (books, songs), while trademarks protect brand identifiers (names, logos, slogans).

4. Do I need a lawyer to trademark a phrase? While not required, a trademark attorney can help navigate USPTO requirements and increase your chances of approval.

5. Can I use a trademark symbol before approval? You can use ™ for an unregistered trademark. Use ® only after official registration with the USPTO.

Need help obtaining a copyright?

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