How to Check If a Phrase Is Copyrighted

Q: Can a phrase be copyrighted?

No, short phrases and slogans are not protected by copyright. However, they may be protected under trademark law if they are distinctive and used in commerce.

Q: How can I check if a phrase is already trademarked?

Use the USPTO’s trademark search tool or international databases like WIPO Brand Database to see if a phrase is already registered or pending.

If you're planning to use a catchy phrase for your brand, website, or product, it’s important to make sure it’s not already protected. While phrases aren’t usually protected by copyright, they may be registered as trademarks.

Can a Phrase Be Copyrighted?

Under U.S. law, short phrases, names, and slogans are not protected by copyright. Copyright only applies to original works of authorship such as books, music, and software code.

How Are Phrases Protected?

Phrases and taglines are generally protected under trademark law, not copyright. A phrase may be trademarked if:

It’s distinctive
It’s used in commerce
It’s associated with specific goods or services

Step-by-Step: How to Check If a Phrase Is Trademarked

1. Search the USPTO Database

  * Visit [1](https://tmsearch.uspto.gov/)
  * Use the Basic Word Mark Search
  * Search for exact matches and similar phrases

2. Check State and International Databases

  * Many states have their own trademark registries
  * Use WIPO Global Brand Database for international trademarks: [2](https://www.wipo.int/branddb/en/)

3. Use Commercial Search Tools

  * Tools like TrademarkNow, Corsearch, or TMview may offer more comprehensive results

4. Check Domain Names and Social Media

  * A phrase may not be trademarked but still actively used
  * Look up domains and usernames to check availability

What If the Phrase Is Already Taken?

If the trademark is active and in a related industry, using it could lead to legal conflict
You may still use a similar phrase in a different context—seek legal advice if unsure
Consider modifying your phrase to make it more unique

When to Consult a Trademark Attorney

If you're unsure about conflict risk
If your business relies on branding or advertising
If you plan to file a trademark yourself