Can a common word be trademarked [Guide]

Last updated : Sept 8, 2022
Written by : Pete Mclelland
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Can a common word be trademarked

How do you know if a word or phrase is already trademarked?

Before you apply, you should search the USPTO's trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark. Used on related products or for related services, and.

What if someone has a similar word trademarked?

In case the entity that has infringed your trademark falls within the same industry, a similarity in mark on the goods or services is likely to deceive consumers. Hence, it becomes actionable.

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.

Can you copyright an English 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.

What happens if 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.

Can I trademark something similar?

You should search the Internet and federal and state trademark databases, at the very least. You should not use the name if someone in your field or a similar one is using it. You may be able to use the name if someone in an unrelated field is using it, but you should try not to use similar logos, styles, or colors.

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.

Can I trademark a name that is similar but not identical to the name of another company?

If a proposed trademark name is similar to an already registered one and could be confusing, the USPTO won't register it. To be that confusing, the trademark names must be identical and must belong in the same services or goods class.

What is not protected by trademark?

Generic terms are not protected by trademark because they refer to a general class of products rather than indicating a unique source.

How much does it cost to trademark a word?

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).

Can you copyright a phrase or saying?

Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, or see Circular 33, for further information.

Can simple words be copyrighted?

Copyright protects original works of authorship that have been independently created and that are the product of some minimal degree of creativity. Words and short phrases, such as names, titles, and slogans are generally not protected, even if they are original or distinctive.

Can you legally own a word?

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 United States Patent and Trademark Office (USPTO) to protect your trademark throughout the United States.

Is the word Disney trademarked?

Using Disney trademarks (the words “Disney”, “Mickey Mouse” etc) anywhere in the listing (title, description and tags) is trademark infringement. It doesn't even matter what the item is or whether it uses any Disney characters.

Can I name my business similar to another?

If you choose a name that is too similar to the name of a competing business, that business may accuse you of infringing on its trademark rights. When that happens, you may be forced to change the name of your business. You may even be ordered to pay monetary damages.

Can the same name be trademarked twice?

However, if the two products are not related to one another and not likely to cause any confusion, then trademark law will not prevent the two companies from using the same name. Put differently, if the same name is registered in different trademark classes, this does not give rise to an infringement claim.

Is there an infringement of trademark when two similar goods use the same words?

Using a very similar mark on the same product may also give rise to a claim of infringement, if the marks are close enough in sound, appearance, or meaning so as to cause confusion.

Can 2 businesses have the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

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 a company sue you for having the same name?

Trademark Registration Then, the owner can face a lawsuit for using the same name as someone else even if the second party registered a trademark for the company after the first owner created the company. These situations usually require the services of a lawyer to both understand and pursue.

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Can a common word be trademarked

Comment by Chauncey Mccartha

Thanks for this great article

Thanks for your comment Chauncey Mccartha, have a nice day.
- Pete Mclelland, Staff Member

Comment by xceler88

can I use a common word as a trademark that's a question I get a lot and I'm gonna spend the next three minutes talking about it I'm Angela Liang Lots trademark and copyright attorney and I go live here on weekdays to talk trademarks and copyrights so there seems to be this myth that one cannot use a common word as a trademark and that is just not true we do see all the time common words used as trademarks what's an example let's take a really well-known and famous one Apple Apple is a very famous trademark for computers and cellular phones and other computer peripherals and it is indeed a very common word one of the most common words in the English language so yes you can use a common word as a trademark but you have to make sure that you're not using it as a trademark or attempting to use it as a trademark for the goods that are named by the common word let me give you an example Apple is a great trademark for anything but apples right so if you have an apple cart or a an apple stand and you're selling apples yes indeed you may not use the trademark Apple for those goods and services why because if we allow you to have the exclusive use to use the word Apple with your business of selling apples then because the trademark gives you the exclusive right to use that term in conjunction with your goods or services if we allow you to get a trademark for Apple it would prevent anybody else who sells apples from saying that they have a store where they sell apples and that's not the per of trademarks the purpose of a trademark is to distinguish your goods and services from other people's goods and services and if what you're proposing to use is the trademark merely describes the goods or in the case of Apple for Apple selling only is a generic descriptor for the goods that you're selling we can't allow you to do that it's not distinctive so yes you can use an ordinary word as a trademark so long as it doesn't have anything to do with the ordinary word or the goods are not part of the selling of that ordinary word so yes go ahead use a trademark that's an ordinary word but just don't use it for that thing right so if you want to use Apple don't put it on apple's i'm angela lang lot's trademark and copyright attorney and i go live here on weekdays to talk trademarks and copyrights message me on my facebook page forward slash trademark doctor with any trademark questions or copyright questions you can also find me online at trademark doctor net if you go to youtube and search trademark doctor you'll find a whole video library right there

Thanks xceler88 your participation is very much appreciated
- Pete Mclelland

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