Can I Trademark an Idiom?

Yes, you can trademark an idiom, provided you utilize that idiom as the name or slogan associated with your goods or services. Idioms, often considered common phrases or everyday speech, can become distinctive phrases when used in commerce.

For example, “BREAK A LEG!” is a registered trademark for restaurant services. Trademarking an idiom functions exactly the same as trademarking a slogan. In order to trademark an idiom, you will have to prove to the United States Patent and Trademark Office (USPTO) that you are using the idiom to distinguish your products and services from a competitor’s products. This process involves filing trademark applications and possibly paying an application fee, which a trademark attorney can help you navigate.

The protections granted by a trademark will not prevent a trademarked idiom from being used by the general population. A trademark’s protection specifically prevents competitors within the same field or market from using the slogan, as that would create confusion regarding the product’s point of origin. Thus, trademark protection is vital for businesses to safeguard their unique ideas and ensure their message is clearly associated with their business class.

When considering the type of trademark for a phrase in connection with your business, it is essential to conduct a common law search to avoid infringing on existing trademarks. This step is crucial for any business looking to protect its brand in the competitive landscape of commerce.

If you wish to trademark an idiom, we advise you to contact our associates today to evaluate the protectability of your claim. Seeking legal advice from a knowledgeable trademark attorney can significantly enhance your chances of successfully securing trademark protection for your distinctive phrases.

The Trademarking Process