How do I go about patenting a phrase? I want to use it commercially on T-shirts and bumper stickers. Phrases can be registered
as product trademarksIt's not a patent that you want. "Patents are about inventions," explained attorney Martin Hsia, who specializes in intellectual property, including U.S./foreign patents and trademarks.
"A phrase cannot be copyrighted, either," he said, "because a phrase doesn't have enough authorship to be protectable under copyright laws."
However, you can register a phrase as a product trademark. For sales in Hawaii, apply for a trademark registration with the state Business Registration Division. Call 586-2727.
An application requires a $50 filing fee, which includes checking to make sure the phrase isn't already registered.
If you envision mainland sales, you should apply with the U.S. Patent and Trademark Office in Washington, D.C. Call 1-800-786-9199.
You can register for trademarks, service marks or trade names. "Good to the last drop" is a trademark for coffee by Maxwell House, for example, while "Don't leave home without it" is a service mark for American Express for charge card services, Hsia said.
Applying for a federal registration can be a lengthy, costly procedure, costing hundreds of dollars. For example, you will be charged per mark per class. A phrase is one kind of mark, while a design is another. Also, there are 42 classes of goods/services.
Hsia also cautions that "there are no rights outside the U.S. granted by U.S. registration. Trademarks are country by country," he said.
Regardless of whether you get a trademark registration, you should check to see if a mark is available. "It happens all the time. Someone spends years of their lives, thousands of dollars in advertising and puts their products out there and it turns out that someone else has prior rights," Hsia said.
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