Best way to trademark a word [Solved]

Last updated : Sept 15, 2022
Written by : Asa Chaulklin
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Best way to trademark a word

How do I trademark a word for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

Can you copyright a single word?

You cannot obtain a copyright registration for one word. Copyright does not protect names, titles, slogans, or short phrases. A copyright only exists for original works of authorship fixed in a tangible medium of expression. A copyright protects literary, musical, artistic, and dramatic works.

Can you trademark an everyday word?

Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.

What words Cannot be trademarked?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.

What is the cheapest way to trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

How do you invent a word and make it official?

First, you drop the word into your conversation and writing, then others pick it up; the more its use spreads, the more likely it will be noticed by dictionary editors, or lexicographers. If your nephew's word is one that English speakers decide we need, it has a good chance of getting into the dictionary.

How much does it cost to copyright a word?

The fee at the U.S. Copyright Office is $ 55 for most applications, or $ 35 if your application (1) has one author, and (2) the author is also the owner, and (3) you are just registering a single work (not a collection of photos), and (4) it was not a work made for hire.

Can you trademark a generic word?

Under the Lanham Act, 15 U.S.C. § 1051 et seq., generic terms may not be registered as trademarks, but terms that are “merely descriptive” of goods or services may be registered if the public has come to understand them as identifying the trademark owner's goods or services.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Can I trademark a phrase already used?

Trademarked phrases are only protected against the use of others in the same business class. The phrase must identify the commercial organization as the source of goods or services for the trademark. You cannot apply to trademark a phrase if the same phrase is already registered or has a pending application.

Is Nike Just Do It trademarked?

Just Do It or JDI for short (stylized as JUST DO IT. and set in Futura Bold Condensed) is a trademark of shoe company Nike, and it is one of the core components of Nike's brand. The slogan was coined in 1988 at an advertising agency meeting.

What happens when a word is trademarked?

The law allows you to use a trademark without getting the owner's permission for: Informational use: You use it to editorialize or educate about a specific product or service. Comparison use: You use it as part of an accurate comparison between products or services.

What are the 4 types of trademarks?

  • Generic. A generic term is a common description that does not receive trademark protection.
  • Descriptive.
  • Suggestive.
  • Arbitrary or Fanciful.

Can I trademark a name already in use but not trademarked?

1. Can You File for a Trademark That Exists? Updated November 12, 2020: If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

What are examples of trademark?

  • Brand names like Apple, McDonald's, and Dolce & Gabbana.
  • Product names like iPod and Big Mac.
  • Company logos like the golden arches at McDonald's and NBC's peacock logo.
  • Slogans like Capital One's "What's in your wallet?" and McDonald's "I'm lovin' it"

How much is a trademark worth?

Loosely, we could say the value of owning a trademark early ranges from about $0 to $5,000 depending on the industry.

Can I apply for a trademark myself?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.

Are trademarks easy?

Registering a trademark is a fairly straightforward process that you can complete in just a few easy steps. This guide will walk you through each step needed to register and trademark your brand name, and answer some frequently asked questions about registering your trademark.

Can we invent a new word?

The commonest method of creating a new word is to add a prefix or suffix to an existing one. Hence realisation (1610s), democratise (1798), detonator (1822), preteen (1926), hyperlink (1987) and monogamish (2011). The inverse of the above: the creation of a new root word by the removal of a phantom affix.

How do you create a made up word?

To create your own made-up word, try combining 2 words which already exist to create a word with a new meaning. Use words in your native language or combine words from different languages. You can even get inspiration from young children, who often make up their own words.

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Best way to trademark a word

Comment by Francoise Fulwood

trademark theft cost small businesses over 300 billion dollars a year I know so let me show you how to register your trademark step number one create unique words or a symbol as your trademark what can be trademarked any name symbol slogan design that is uniquely identified with your product or service people often use the word trademark to refer to both trademarks and service marks technically a trademark is for your goods whereas a service mark is for your commercial services why should you trademark two reasons it keeps customers who had good experiences with your product or service coming back for more it also helps them find your product by finding that logo or that name or that symbol that is trademarked and identifies your unique product or services in reality coke may be indistinguishable to your taste buds from other carbonated drinks however you always order a coke because you remember how good it tasted after you scored your first touchdown you also trademark to prevent others from taking your particular mark and then trying to use that mark to sell their own goods and services it's very likely that if Pepperidge Farms did not trademark its name someone would steal it and attempt to trick customers into buying their own crackers instead of Pepperidge Farms while some of us will create a unique design as our trademark that no one has ever thought of some of us want a trademark a word phrase that maybe someone has thought of and previously registered so it is really smart to research whether or not your word phrase if you have a word phrase has been used before and previously registered there are three different types of research to perform to determine whether or not the word phrase you on a trademark has been used before or as previously registered but before we get there here's when you may want to get an attorney involved in the trademark process attorneys have access to very sophisticated professional databases that provide very timely and accurate information about pending trademark applications so if you have the resources you make and are delegating the research process to them however if you're a do-it-yourselfer like me here's how to research whether or not pending trademark applications are in the computer system first it's really easy perform a Google search and determine whether or not the words you want a trademark appear in business anywhere else second go to who is ICANN org and do a search and find out whether or not the words you want a trademark appear in domain names in the world the last part of the research happens at the website for the US Patent and Trademark Office you use a system that they have it's free to use called tests trademark electronic search system you use the system determine out whether or not there are pending trademark applications in America for the words you want a trademark test is really easy to use simply go to the website for the USPTO gov hover over the trademarks tab click on searching trademarks scroll down to search trademark database you click there move down to basic word mark search and then you click there then you go into the search term field and you type in the words that you want to be trademarked I previously entered what a feeling because I was pretending like I was selling a online product like an online vitamin and I can see here that there's at least one application for this mark that is live in other words it's pending when it says dead then the mark has been abandoned and is available you use the basic word mark search when you're trying to trademark words however when you want a trademark a design you have to use the design mark search and I made a video about how to use that design word mark search and you can find the link to that video in the description section below if you do not see in this screen that the words that you want to use as your trademark has a live application pending then you're looking good for a trademark and you can move on to the next step but before we get there let's take a quick break we've been talking about a lot of complex subjects do you want to trademark a product or a service if you want to trademark a product then write trademark in the comments if you want to trademark a service then write service mark in the comments below okay let's get back to the steps step number three use your trademark to lock in your trademark you actually have to use the words in the symbol in your online business in America once a business starts to use a distinctive name or symbol immediately and automatically has the right to prevent others from using that distinctive name or symbol basically the rule is use it or lose it how do you use a trademark well first your trademark has to be used in your actual business second you have to display the mark so that it's physically associated with the particular product or service that you are going to sell so that could be like a label or a tag perhaps the trademark appears on your website step number four register your trademark once you have used your trademark your next step is to protect it under federal law by officially registering it where do you register it by going back to the USPTO gov website under the trademarks tab go to apply online click on initial application forms there's three different types of application forms I use the TE a s RF at this time of the video it costs $50 more than the cheapest application but I don't want to go through the goods and services listing and I really don't mind communicating with the USPTO through email and online correspondence when you get to the applications scroll down and check no an attorney is not filing this application then you click continue at the bottom here you fill up the applicant contact information remember applicant means the owner of the mark not the person filling out the form so if you want your business to own the mark you should enter in the business name as the applicant after you're done filling out the contact information click continue and you arrive at the mark information screen you click on standard characters and then you enter in the trademark phrase and maybe you get a preview it like I did here then you click continue next is the good service information screen click on add goods and services then type in the basic category for your product click on go then you get this listing of all these different types of related products in this example I'm seeking at trademark for cornbread and so I clicked the cornbread box and hit inserted checked entries then you just click on the bottom continue you don't need to identify the filing basis then it's continue again this takes you to the final screens of the trademark application you enter in your payment information and then you submit the trademark application form and there you have it you did it your trademark application is submitted step number five wait for official registration the next step in the process is actually waiting waiting for the notice of publication if you get that then you know your trademark application was properly prepared when you get the notice of publicatio

Thanks for your comment Francoise Fulwood, have a nice day.
- Asa Chaulklin, Staff Member

Comment by Clayton

when you trademark a word you give a person or company exclusive rights to connect one brand with that word you can trademark a word that identifies your company or your products register your trademark with the US Patent and Trademark Office or USPTO to protect your trademark throughout the United States a trademark registered with the USPTO is a registered trademark and gets marked with the registered trademark symbol you don't have to register a word with the USPTO to get trademark status a word is a trademark if that word identifies a brand regardless of whether the word itself is registered however unregistered trademarks with the USPTO are only trademarked within the company's geographical area when you trademark a word your competitors can't use that word to identify their products when you trademark a word you don't protect it from everyday speech use or use in informational material a trademark also doesn't stop industries that don't compete with your business from using the word trademark a word if it identifies your brand you want to protect your brand and set your products apart from competitors products you need to have a strong word for your trademark made-up words and words that aren't directly related to your product are the strongest words to trademark you need to have a strong word for your trademark when you trademark a word you gain rights over the word but you can lose the rights if you don't protect your trademark personally enforce proper usage you should enforce proper capitalization and use of the registered trademark symbol wherever your trademarked word appears if you don't enforce proper use of your trademark the word could become a generic name for the product second protect against infringement infringement happens when a competitor illegally uses your trademarked word file an infringement lawsuit to stop illegal use of your trademark a lawsuit can result in an order for the competitor to stop using the trademark to receive monetary damages or both stopping infringement protects your brand and prevents customer confusion you should talk with a trademark lawyer before you file an infringement lawsuit to trademark a word first consult a trademark attorney then check for eligibility register domain names establish ownership file an intent to use file a trademark application and lastly pay the filing fee

Thanks Clayton your participation is very much appreciated
- Asa Chaulklin

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