Can i trademark a word [Expert Approved]

Last updated : Aug 13, 2022
Written by : Rhona Schakel
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Can i trademark a word

Can you trademark a normal word?

A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It's how customers recognize you in the marketplace and distinguish you from your competitors.

Can I trademark a word or phrase?

You can trademark a word, phrase, symbol, or a combination of these. When you trademark a phrase, you protect the words that represent your product or service. Trademarking a phrase prevents someone else from using it for a product or service that could be mistaken for yours.

Can I copyright a 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.

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).

What Cannot be a trademark?

Under the Trademarks Act, A commonly used or accepted name of a chemical element or a chemical compound cannot be given a trademark registration. A chemical declared by the WHO which acquires international non-proprietary names can also not be registered.

What terms 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 trademark something you didn't create?

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 an individual trademark a phrase?

A person can't trademark a phrase just because they like it—the phrase must be tied to a business. 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.

Should I trademark a phrase?

Is it Worth it to Trademark a Phrase? If you are using a catch phrase, tag line, or sales line with your goods or services, then yes, it is almost always worth it to trademark that phrase if it is available.

Can someone own a word?

Many people think that someone who owns a trademark in a word has complete ownership of that word for all purposes. This is not so.

What happens if you use a trademarked word?

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 3 types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

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.

What is the difference between copyright and trademark?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

Can you put a trademark on anything?

You can claim a trademark on anything by using the TM Symbol, but you can't use the registered trademark symbol (R) unless you have registered the trademark with the US Patent and Trademark Office.

What is not protected by trademark law?

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

Can you trademark two words together?

No, unless you are using both variations of the mark in trade. A trademark covers not only the specific mark which is used in trade and commerce, but also marks which are confusingly similar to the used mark.

Can I trademark a name that's already in use?

A registered trademark offers legal protection to unique logos, designs and names your business uses. You can't file to register a trademark that someone else is already using if they used the trademark first.

Can a trademark be stolen?

Under the criminal law, certain uses of copyright, registered designs or trade mark, without the owner's permission can amount to a criminal offence. These are often referred to as piracy, for a copyright infringement, intentional copying for registered designs, and counterfeiting, for a trade mark infringement.

How do I trademark a phrase 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.

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Can i trademark a word

Comment by Sherril Endler

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 for your comment Sherril Endler, have a nice day.
- Rhona Schakel, Staff Member

Comment by Andra

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 Andra your participation is very much appreciated
- Rhona Schakel

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