Can you trademark a noun [Explained]

Last updated : Sept 16, 2022

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What words can you not trademark?

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.

Is a trademark an adjective or noun?

A trademark is an adjective. It is not a noun or a verb. Why? Because, a trademark's purpose is to identify the source or origin of a product, NOT to identify the product itself.

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.

Are trademarks for words only?

Almost anything can be a trademark if it indicates the source of your goods and services. It could be a word, slogan, design, or combination of these. It could even be a sound, a scent, or a color.

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.

What are the 3 types of trademarks?

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

How do you use the word trademark?

How Should a Trademark Be Used? To legally use a trademark in a business setting, you must use the correct symbol with it. If the trademark is registered with the USPTO, the symbol Â® should appear after the mark. For unregistered trademarks, TM (trademark) or SM (servicemark) should appear instead of the Â® symbol.

Can you use a trademark in a sentence?

How to use Trademark in a sentence. Sad eyes are his trademark. The pattern was somewhat recognizable then, but when the company decided to utilize the pattern on outer layers of clothing and accessories in the 1960s, the check pattern became Burberry's trademark. Motif is a registered trademark of The Open Group.

What does it mean to trademark something?

A trademark is used for goods, while a service mark is used for services. A trademark: Identifies the source of your goods or services. Provides legal protection for your brand. Helps you guard against counterfeiting and fraud.

Can you trademark a phrase on a T shirt?

Yes, you can trademark a t-shirt. You can trademark a name, logo, or slogan that appears on your t-shirts. You may register a trademark for any materials that identify and promote your particular goods and services. This information was provided by our founding attorney, Xavier Morales, Esq.

Can I trademark a slogan?

Generally, taglines and â€œtraditionalâ€ trademarks are governed by the same rules. Accordingly, so long as a tagline or slogan is either inherently distinctive or has developed secondary meaning, a tagline is protectable as a trademark.

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).

Is boy mom a trademark?

BOYMOM Trademark of BOYMOM, LLC - Registration Number 3347486 - Serial Number 77132981 :: Justia Trademarks.

Can words 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.

How long is a trademark good for?

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 can be copyrighted and what Cannot?

Information that is commonly known.
Lists of ingredients, such as formulas and recipes.
An idea for a novel, book, or movie.
Business, organization, or group names.
Domain names.
An individual's pseudonym, like a pen or stage name.
Slogans, catch phrases, and mottoes.

Is the Adidas logo trademarked?

All trademarks, service marks and trade names of adidas used herein (including but not limited to: the adidas name, the adidas corporate logo, the adidas trefoil Design, and the Three Stripe logo) are trademarks or registered trademarks of adidas or its affiliates.

What is required for a trademark?

Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.

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 â€“ 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.

What happens when you trademark a word?

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.

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Comment by Mai Terrall

Thanks for this great article

Thanks for your comment Mai Terrall, have a nice day.
- Mauricio Gian, Staff Member

Comment by Julian

hey everyone Angela Liang Lots business and trademark law attorney here with another fascinating episode of whatever it is that I'm calling this trademark talk I don't know that sounds kind of catchy but it probably wouldn't serve as a very good trademark in any case what I want to talk about today is that trademarks are adjectives and not nouns what do I mean by that well when you start using your trademark you want to make sure that you use it properly because you don't want to be put in the uncomfortable position of having your very popular trademark become generic for the goods that you are using the trademark on for example escalator and zipper those both used to be trademarks and pretty darn good trademarks too however because the creators or the company for for which those trademarks for the company that produced the goods that those trademarks were applied to allowed people to use those trademarks as nouns to describe the goods that the trademark was applied to I think I explained that correctly so they're trademarks became generic in other words people started using the trademark word as a noun to describe the thing that the trademark was on so it for example they started calling a zipper do I have anything here with a zipper on it I don't they started calling a zipper brand closure a zipper they started calling the escalator brand moving staircase an escalator and when that happens I mean it's pretty cool to have your brand be so popular that people start calling it instead of a moving staircase they start calling it an escalator which is your brand but beware when that happens your trademark could become generic in which case it ceases to serve as a trademark at all because remember the whole point having a trademark is to identify the source of the goods and so if we can no longer distinguish your goods from anybody else's goods Otis brand moving staircases from Oh teason brand moving staircases then you don't have a trademark alright and let me just illustrate this this is my favorite illustration of how brands are careful to companies are careful to make sure that their marks don't become generic I am holding here for your pleasure your viewing pleasure a box of Kleenex brand facial tissues and I don't know about you but sometimes I call this a Kleenex right and so if I start calling it a Kleenex and Kleenex starts calling it a Kleenex or is this Procter & Gamble I forget who owns Kleenex I don't even know anyway if the owners of Kleenex start calling it a Kleenex big trouble your brand could become generic so here's what they did I'm gonna zoom in here and try to hold it really steady so that you can see that the box actually says let me see if I can hold it real still cuz then my camera will focus it actually says Kleenex brand tissue oh please little webcam please okay do you see right there it says Kleenex it's really Kleenex circle are good heavens what is going on here it's not focusing I'm so sorry but underneath it's really blurry but it says Kleenex our brand tissue I mean they had this other thing it says ultra soft I thought for a moment that that was a registered trademark circle but it's just an asterisk so ultra soft is not part of their trademark but these are Kleenex brand facial tissues notice that Kleenex modifies the noun brand facial tissues another noun right so Kleenex is the adjective brand facial tissues so we always want to use our trademarks as adjectives and not nouns so that's all I have for today if you have trademark questions please message me on the trademark doctor Facebook page and I will answer them in a future Facebook life you can also find me online at trademark doctor dotnet where there is a whole library of videos and FAQ so that you can get all the questions answered and what else oh I come live here every weekday to talk about trademarks sometimes copyrights sometimes patents but mostly about trademarks because I love talking about trademarks I love branding and marketing so come see me tomorrow and I'll talk some more

Thanks Julian your participation is very much appreciated
- Mauricio Gian

About the author

Mauricio Gian

I've studied agroecology at Saint Louis University in St. Louis and I am an expert in synthetic biology. I usually feel predatory. My previous job was art restorer I held this position for 25 years, I love talking about darts and hacky sack. Huge fan of Sammy Sosa I practice judo and collect swarovski figurines.

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