Can i trademark my word [Up To Date]

Last updated : Aug 28, 2022

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).

How do you get a word trademarked?

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 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 are the 3 types of trademarks?

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

What happens when a word is trademarked?

When you trademark a word, you gain rights over the word. But you can lose the rights if you don't protect your trademark. Trademark protection includes phrases, words, symbols, and sounds. So you should file a trademark application to protect your services.

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.

How long does 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 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 you make money from trademarking?

But registering a trademark isn't just an opportunity for entrepreneurs to preserve all of their hard work from getting used by another company – it's another way to make money too. Some trademarks are worth billions. Google's trademark value totals a whopping $44.3 billion. Microsoft's comes in at $42.8 billion.

Should I trademark or copyright a phrase?

A phrase should be trademarked, not copyrighted. Registering a trademark with the USPTO is simple and not very time-consuming but can take time to approve. If you hope to enforce your ownership over a specific trademark, you'll want to get it registered before it's too late.

What are some 5 examples of trademarks?

• Under Armour®
• Twitter®
• It's finger lickin' good! ®
• Just do it®
• America runs on Dunkin'®

Can I use TM without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

Can you patent a word or phrase?

As previously mentioned, phrases cannot be patented. Patent law protects new inventions, machines, processes, and designs. Patent protection does not apply to phrases or slogans. However, you can protect your phrase by trademarking it with the patent office.

Can you copyright common words?

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.

How do I register a word?

Call the Trademark Assistance Center at 1-800-786-9199 for questions or help with the application process. The USPTO website also has several instructive videos that will walk you through the trademark registration process.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

How long does a trademark take to get approved?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

Can you lose a trademark?

You can lose a trademark in a variety of ways. You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.

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.

What happens if someone uses my trademark?

If the person or entity receives your letter and continues to use your trademark, it's time to file a lawsuit. The suit will get filed in federal court if it spans more than one state. If the infringement is local, it may get filed in a state court.

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Write a comment

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 facebook.com 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 Una Kunter, have a nice day.
- Denisha Ducayne, Staff Member

all right Baron Branson asked me on Quora am I allowed to use a trademark word within my domain address such as Shopify I'm Andre mink of the father of trademark factory and here's my answer to Berens question I hate saying this but it really depends on a couple of things one it depends on what the word is how common it is outside of the brand that it's trademarked for like Apple right if you're selling apples nothing prevents you from using the word Apple in the domain name Apple and the other thing to look at is what your activity is are you trying to create the perception that you're somehow associated with licensed by or endorsed by that other brand and if you do such a thing but then the brand owner would probably have a pretty good case against you not being allowed to put their name and your domain name but if what you're doing has nothing to do with what they do then it should be okay right again two things how uncommon their word is and two are you trying to convince the world that you're somehow associated with them to the specific question of Shopify if Shopify is the word then it could be an issue because it's an invented word that they came up with a they trademarked and yeah so if they feel that whatever you're doing your domain name or your activity behind the domain name somehow threatens the integrity of their brand they'll probably go after you and they're probably gonna be able to win but the rule of thumb here is if you're not sure don't do that because it's a lot easier to build a brand from scratch that doesn't rely on you getting away with what might be perceived as an infringement versus you're just starting out with a name that's new that's unique that you can build some massive value on and claim it as your own this is what Shopify did they didn't call themselves my Amazon if I or you know Walmart fi or something else they came up with our own name and they made that into a name that everyone finds very valuable now Baron I hope this answers your question and if you absolutely hated this video but you watched it all the way up to here subscribe now because you post videos just like this every day so whatever held you watching this up to here there'll be a lot more to come so subscribe now get notified whenever the next one comes live until then I'll see you in the next video

Thanks Boyce your participation is very much appreciated
- Denisha Ducayne

About the author

Denisha Ducayne

I've studied concurrency theory at Montana State University-Northern in Havre and I am an expert in steganography. I usually feel angry. My previous job was atmospheric and space scientist I held this position for 28 years, I love talking about photography and kickboxing. Huge fan of Pete Buttigieg I practice pilates and collect disneyana.