Can you file a trademark registration which includes a well-known saying? You can file it, but it’s unlikely to be granted. For example the saying “keep calm and carry on.” If you’ve put that into any trademark application, it’s very likely you’re not going to be able to get a registration for it. You might be able to get it for that combined with a particular logo.
But because it’s such a common saying, you’re not gonna be able to use that to stop others from using the common saying, the distinctive part of that actual trademark would be your logo, not the common saying. So sayings can be tricky in regards to filing them as trademarks, in some cases in Europe people have had a very tough time trying to register sayings or straplines, even if they are quite unique. So it really comes down to, is that a trademark? Is it seen by the public as your trademark?
But generally, sayings are not registrable and especially if they’re ones which are common in which case they are definitely not registrable as trademarks. Although it does come down to the individual trademark examiner, and sometimes you can be surprised at what they will accept. My name is Cathryn Warburton, and I am the Legal Lioness.
