Can I Register A Trademark For An Ordinary Phrase? Yes, absolutely!
As I’ve said before, anything can serve as a trademark so long as it distinguishes your goods and services from another company’s goods and services.
Here we have Kawhi Leonard applying to register a trademark for the phrase WHAT IT DO BABY for various items of athletic clothing. We know he hasn’t begun use of the trademark in commerce, because it is filed using the “intent to use” trademark application filing basis.
It’s very common to file a trademark application before use of the trademark in commerce has started. Trademark applicants often do this because they have a great idea for a brand, and they don’t want another trademark applicant to register something “confusingly similar” before their use has begun. So to prevent someone else from thwarting their trademark aspirations, the wise applicant locks down the trademark by filing an application based on his “intent to use” the trademark in commerce. Actual use of the trademark will begin as soon as the details of the business are ironed out, and the business is up and running.
This means that at some point in the future, he will have to prove use of his trademark on actual goods and services before he can have his trademark application mature into a trademark registration. He’ll have to show the trademark examiner how he’s using the trademark on his athletic clothing, and when the proof of use — also called a trademark specimen — is submitted, the trademark examiner will look at it to make sure that the trademark specimen shows actual, proper use of the trademark on the goods or services listed in the trademark application. If the trademark applicant can’t show proper use, then the trademark application is rejected, and the Applicant has to respond to the rejection before the trademark registration will issue.
If the trademark applicant does get a trademark rejection — also called an “Office Action” — then there is an opportunity to respond to the trademark rejection by making an argument and submitting evidence to support the issuance of the trademark. After a final rejection is issued, a trademark applicant can also appeal a rejection, and make more arguments in favor of the issuance of the trademark.
Remember that trademarks don’t exist in the abstract — they are ALWAYS used in conjunction with goods and services. If you are not using the trademark on goods or services, then you don’t have a reason to even have a trademark in the first place. Remember the whole reason for trademarks is to distinguish various goods and services in the marketplace. So if you don’t have goods and services that you are offering to the public, then you don’t have a need for a trademark.
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Contact Dallas, Texas trademark attorney Angela Langlotz today to get started on a trademark application for your valuable brand.
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