How to Trademark a Phrase (2026 Step-by-Step Guide)

What does it mean to trademark a phrase?

Trademarking a phrase means registering it as a source identifier for specific goods or services so competitors cannot use a confusingly similar phrase in the same market. A phrase qualifies for federal trademark registration when consumers recognize it as pointing to one brand rather than describing the product. Slogans such as advertising taglines are common examples. Purely informational or ornamental phrases — ones that only decorate a t-shirt or state a common sentiment — are usually refused. Trademark registration through the USPTO is the mechanism that turns a phrase into enforceable intellectual property and gives you nationwide brand protection. Because the United States is largely a first-to-file country, registering early secures your priority before a competitor claims the same phrase.

Which trademark class covers a phrase?

The correct class for a phrase depends entirely on the goods or services the phrase brands, not on the words themselves. If your phrase appears as a slogan on clothing you sell, you file in Class 25 (apparel). If it is an advertising tagline for a retail store, Class 35 (retail and advertising services) applies. A phrase used to brand a mobile app would fall under Class 9 (downloadable software) or Class 42 (SaaS). Each class carries its own $350-per-class USPTO fee, so a phrase used across several product lines may require multiple classes. Choosing the right class is the single most common place applications go wrong, which is why a clearance search and accurate class selection matter before you file.

How do you file to trademark a phrase, step by step?

Filing to trademark a phrase follows five steps. First, run a comprehensive clearance search to confirm no confusingly similar phrase is already registered or pending. Second, identify the correct International Class based on how you use the phrase in commerce. Third, decide your filing basis — use-in-commerce if you already sell under the phrase, or intent-to-use if you plan to. Fourth, prepare the application with a standard-character drawing of the phrase and a specimen showing real-world use, such as a product tag or ad. Fifth, submit through the USPTO and monitor for any Office Action. Secure Mark USA prepares and files each of these steps for you, from $99 plus the $350-per-class USPTO fee. U.S.-domiciled applicants are not required to hire an attorney to file.

Key takeaways

• A phrase can be trademarked only when it identifies a brand, not when it merely conveys information.
• The correct USPTO class depends on your goods or services — e.g., Class 25 for apparel, Class 35 for retail.
• U.S. trademark rights are largely first-to-file, so registering early protects your priority.
• Filing through Secure Mark USA starts from $99 plus the $350-per-class USPTO fee.
• U.S.-domiciled applicants are not required to use an attorney to file a trademark.

Frequently asked questions