From witty punchlines to viral memes, everyone’s heard the advice, “You should trademark that!” But simply posting a phrase online or printing it on merchandise doesn’t automatically grant you trademark rights. Here’s what you need to know about making a phrase a protectable trademark and why it takes more than a click to secure those rights.
What Qualifies as a Trademark?
- A Trademark is an Adjective Think of a trademark as an adjective describing a product or service. For instance, “Kellogg’s®” identifies a type of cereal, “Toyota®” denotes a car brand, and “Xerox®” refers to a photocopier. A trademark should specify the source of goods or services, not just decorate an item.
- Identification of Source A trademark must identify who produces the product or provides the service. This is typically achieved through labeling or branding. For example, Coca-Cola® appears on soda cans, Major League Baseball® on merchandise, and John Deere® on tractors. A phrase on a sweatshirt is often seen as “merely ornamental” and doesn’t function as a trademark unless it clearly indicates the source.
- Uniqueness Over Description To qualify for trademark protection, a phrase must be unique. Descriptive phrases that merely describe the goods or services are not eligible. A trademark’s purpose is to differentiate one provider’s goods or services from another’s, so a generic or descriptive phrase won’t make the cut.
Examples of Registered Phrases
You might see trademarked phrases and think, “If they can do it, so can I!” Here are some notable examples:
- “Let’s Get Ready to Rumble!®”: Registered by sports announcer Michael Buffer in 1992, this phrase generated over $400 million through licensing.
- “We Have The Meats®”: Registered by Arby’s® in 2015, part of their marketing strategy.
- “America Runs On Dunkin’®”: Registered by Dunkin’ Donuts® in 2018, emphasizing their connection with busy Americans.
These phrases were successfully trademarked because they were distinctive and tied to specific brands.
Protecting Your Phrase – Copyright vs. Trademark
If you think your catchphrase might be trademark-worthy, consult a trademark attorney. An expert can help you determine if your phrase qualifies for protection, guide you through the registration process, and advise on whether it’s worth pursuing.
For further assistance, reach out to a specialist in intellectual property and trademark law to ensure your phrase is properly protected and ready for success.
Feel free to reach out to us with your questions, we’re happy to help.