A catch phrase is a phrase or expression widely recognized for its common use. Catch phrases come in many forms, and often originate in pop culture within movies, television, or music. In addition, a catch phrase can be a powerful tool for a company’s branding. Regardless of the origin, widely recognized catch phrases are a form of intellectual property (IP), and those who come up with these phrases should consider how to protect this form of IP. You can trademark a catch phrase to protect its use with specific products or services.
At War IP Law , PLLC, our team of dedicated intellectual property lawyers help our clients protect their intellectual property through trademarks and other legal techniques. Contact us today at (202) 800-3754 to learn more about trademarks and how you may have the legal right to trademark a catch phrase.
How Can a Trademark Protect a Catch Phrase?
Catch phrases can be trademarked if they are used as a brand identifier for a product or service. The words themselves cannot be trademarked on their own unless they are used within commerce. However, “use in commerce” can be interpreted broadly to include any catch phrase directly involved with some sort of business or profit-seeking enterprise.
For example, imagine that a popular YouTube influencer has a catch phrase that they use in every video and is widely recognized by their audience. The catch phrase itself cannot be trademarked in the abstract, but the catch phrase may be registerable if it is used as a brand identifier for a product or service. For instance, the YouTuber could trademark the phrase if they use it as a brand identifier with any merchandise for sale. This trademark would protect the YouTuber’s intellectual property rights by preventing other entities from using the same catch phrase with similar products or services.
How Can You Register a Trademark for a Catch Phrase?
Registering a trademark for a catch phrase involves the same process as registering any other type of trademark. If the catch phrase helps identify a business, the owner may be able to protect the phrase through a trademark. The owner of the catch phrase will need to file an official application with the United States Patent and Trademark Office (USPTO). While this can be done on your own, mistakes during this process can put the intellectual property rights of the catch phrase at risk. At War IP Law, PLLC our intellectual property lawyers help our clients ensure they have met all requirements to file successful trademark applications.
Make Sure the Trademark is Original
The USPTO requires all trademarks to be original. To trademark a catch phrase, business owners should conduct a trademark search for the catch phrase and make sure that there are no existing trademarks for the same catch phrase. This search can be conducted through the official United States Patent and Trademark Office search tool or through a private searcher.
This search should be conducted within the categories that the business owner plans to conduct business in. For example, if the catch phrase will be used on clothing, the owner should conduct a trademark search to make sure that there are no other clothing companies with a similar or identical catch phrase.
Define How the Catch Phrase Will be Used in Commerce
In order to successfully register a trademark, the owner must prove that the mark is either currently in use in commerce or that the owner has an intent to use the mark in commerce in the future. To use the previous example, a trademark owner who has used the trademark on clothing or other merchandise will meet the requirement of active use of the trademark in commerce.
When applying based on an “intent to use”, the trademark owner will need to file their application with a declaration that they intend on using the mark in commerce in the future. Once a notice of allowance is issued, the trademark owner has six months to file a Statement of Use and a Specimen of Use or to request an extension of time to file a Statement of use. Owners should have an idea on how their trademarked catch phrase will be used before submitting their application, along with which trademark class their product or service falls into.
Fill Out and Submit the Trademark Application
Trademark applications can be submitted online through the USPTO Trademark Electronic Application System (TEAS) or an abbreviated system called TEAS Plus. Applicants will need to include all of the following in their application:
- A description of the trademark
- The date when the trademark was first used
- Descriptions of any products or services that will bear the trademark
- The desired classification for the trademarK
- A drawing of the mark if it is an image; catchphrases and slogans should simply be typed
- Examples of how the trademark is being used
- Registration fees
Once submitted, a USPTO trademark examiner will carefully review your application and decide whether to approve or reject it. If approved, the trademark will be placed on the USPTO Principal Register and will remain registered for an initial term of between five and six years.
Protecting a Trademarked Catch Phrase After Registration
While an official trademark registration provides legal protection for the mark with the claimed goods or services, the owner will still be responsible for taking certain measures to protect the mark. If someone else uses the trademarked catch phrase in commerce, the owner will need to take action to stop the infringing use. One option is for the owner to file a trademark infringement lawsuit against the infringer. In this way, the owner may be able to recover financial damages, and an injunction could be filed against future use by the infringer. The USPTO will not monitor whether the trademark is infringed upon by a third party; this responsibility falls on the owner of the trademark.
Contact our Experienced Intellectual Property Lawyers For More Information
Trademarks allow the owners of profitable catch phrases to protect their intellectual property and the revenue generated from products and services that use their catch phrase. However, the process of filing a successful application can be complicated, and many applications are rejected due to avoidable mistakes. If you are looking to trademark a catch phrase, War IP Law, PLLC’s team of dedicated trademark lawyers is prepared to help you gather everything you need to successfully trademark your catch phrase: call us today at (202) 800-3754 to learn more.
