Can you trademark a new word [New Info]

Last updated : Aug 3, 2022

Can a new word be copyrighted?

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.

Can you change one word in a trademark?

The answer is generally no. But generally adding or deleting a word or making any kind of other change to the mark is going to jeopardize the filing and require a new filing.

How do I register a new word?

1. Consult a trademark attorney. Trademarking a word is a complex process, so talk to a trademark attorney early in your planning.
2. Check for eligibility.
3. Register domain names.
4. Establish ownership.
5. File an Intent to Use.
6. File a Trademark Application.
7. Pay the filing fee.

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 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.

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.

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.

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.

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.

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 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.

How do you know if a word is trademarked?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)'s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

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 are the 3 types of trademarks?

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

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.

How much does it cost to patent an idea?

Need Help? A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.

Can I trademark a phrase?

You can trademark a phrase at the local level by applying at your state trademark office. To trademark a phrase locally, you must already be using the phrase publicly. You can apply for a nationwide trademark with the USPTO. With the USPTO you can apply with the "intent to use."

Can you trademark a slogan?

Yes, you can trademark a slogan. It is common for businesses to use catchy slogans in their marketing and advertising. In order to secure a trademark on your slogan it must be creative enough to be distinct from other slogans and identify your good, product, or company.

What type of things can be trademarked?

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.

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Write a comment

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 for your comment Jake Perkey, have a nice day.
- Olene Eachus, Staff Member

is it possible to trademark dictionary words my name is andre minkoff i'm the founder of trademark factory and in this video i'm going to answer this very question the short answer to the question of whether you can't trademark dictionary words words that you can find in any dictionary words that are common to the language is absolutely yes you can and really the best example for that is apple right you can't find a more common word than that yet apple of course is a very valuable trademark how were they able to trademark it well because they're not in the business of selling apples you see if they wanted to sell apples of course they couldn't trademark the word apple because that's not what trademarks are for but since they're selling something has nothing to do with the fruit they sell computers phones software tablets all that kind of stuff that has nothing to do with the fruit that's why they are allowed to use the dictionary words as their name and get it trademarked you see the most common misconception around trademarks is that you need to have something completely unique you don't right and i see all those people who like how come can you monopolize the word like let's uh you know let's let's trademark the alphabet that's not how it works you're not expected with trademarks to always come up with new words that hadn't existed before uh that's not what it's about what this is about is allowing the market to tell your products and services apart from everybody else's products and services of the same type right if your brand allows you to do that then it's a proper brand for getting it trademarked apple once again is a perfect example right once you hear the word apple in connection to phones or computers or laptops you know exactly who makes those phones computers and laptops and uh that makes it perfectly trademarkable canon right for cameras right they're not selling cannons as as the as the war machines they sell cameras and because of that they can use the dictionary word canon as their brand as their trademark and there are millions of other trademarks that are nothing but dictionary words but it's the combination of those dictionary words and specific products and services that they sell that makes them trademarkable but for example if you were uh in the business of selling pencils you can't trademark the word pencil because that would be a generic name and generic names are not trademarkable so that's how this works so there's nothing wrong with trademarking dictionary words as such as long as uh the name still allows the market to distinguish you from your competition so if you came up with a brand that's just a dictionary word don't let that necessarily discourage you from trying to trademark it as long as the name is not the actual name of your products or service it could be trademarkable and the uh the the way to move forward uh is for you to go to trademarkfactory.com and book your free call with one of our strategy advisors right and once you become a client our legal team is going to do the searches is going to come up with a registrability opinion and let you know if the name you came up with is trademarkable and if it is we're going to help you get this done with a guaranteed result for a guaranteed budget and if we tell you the name is not trademarkable then you can either get a full refund or you can do what most of our clients do which is keep sending us other variants until you pick a brand that you love that we tell you is trademarkable right uh because there's no reason in the world to spend a minute of your life or a dollar out of your pocket building a brand that you don't own right again whether it's a dictionary word unique word you got to protect your brand that's how it becomes an asset that's how it becomes yours without it all you're doing is building a brand for someone else i hope you found this video useful if you did make sure to subscribe to this channel to get more videos like this and i'll see you in the next video trademark factory

Thanks Benedict your participation is very much appreciated
- Olene Eachus

About the author

Olene Eachus

I've studied ancient egyptian religion at State University of New York at Oswego in Oswego and I am an expert in environmental geography. I usually feel surprised. My previous job was tax accountant I held this position for 27 years, I love talking about story writing and lapidary. Huge fan of Emma Thompson I practice wakeboarding and collect beanie babies.