Trademark registration of common words [Best Article]

Last updated : Sept 12, 2022

Can common terms be trademarked?

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.

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.

How do I 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.

What Cannot be registered as a trademark?

Names Which Cannot Be Registered Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.

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.

How do I register a 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 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.

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.

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 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.

What is Section 11 of trademark Act?

(11) Where a trade mark has been registered in good faith disclosing the material informations to the Registrar or where right to a trade mark has been acquired through use in good faith before the commencement of this Act, then, nothing in this Act shall prejudice the validity of the registration of that trade mark or ...

What names can be trademarked?

Typically, business or product names, logos, or slogans are registered as trademarks. Items such as distinct product packaging, colors and sounds may also obtain trademark protection. The USPTO will not grant registration for generic or descriptive terms or anything that may be confusingly similar to an existing mark.

What is refused in trademark?

The trade mark status in the Indian Trade Mark Registry website shows as “Refused” when the Registrar/Examiner has refused a trade mark application after considering or hearing the applicant's response to an examination report.

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.

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 I trademark my name?

You can trademark your name if it has business or commercial value. Trademarking your name gives you an additional brand and keeps others from using your name. To trademark your name you must meet specific requirements with the U.S. Patent and Trademark Office (USPTO).

Can I trademark a slogan?

A slogan that is not inherently distinctive will only be protected under trademark law if it achieves secondary meaning. Secondary meaning refers to whether the mark has acquired some distinction among consumers – that is the mark transcends the literal meaning of its words and is associated with a source.

What if someone has a similar trademark?

Entities that hold trademarks have the rights to that mark and are able to use it in commerce. Marks that are too similar to existing ones infringe on those rights. Trademark law works to prevent this confusion, so the USPTO tries to bar registration of trademarks that could confuse the average consumer.

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.

What are the three types of trademarks?

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

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Write a comment

here's a question on Quora without telling you what it is here could I trademark a three word phrase of everyday words I'm Andre Mincha the founder of trademark Factory and here's my answer to this question you can't really answer this question generally because trademarks as is intellectual property is very fact-specific you cannot really generalize by saying well it's a phrase it consists of three words that are common everyday words can i trademark that I don't know there are a lot of three word phrases that became pretty well-known trademarks well let me give you a couple of examples just do it you cannot find more everyday words just do it but it's a trademark owned by of course Nike it's a very valuable brand another common phrase is I'm loving it I'm loving it again you cannot find more common words used in you know regular regular life but those became tag lines those became trademarks so in theory yes you can just because they're everyday words doesn't make them any less trade markable but you have to still have a unique brand unique to your products and services and you have to have an angle about it that makes this a trademark rather than just a common phrase that everyone's using without regard to a particular product or service so unfortunately you you know didn't provide more specifics and it probably it's the right thing right you don't want to ask questions about your particular brand on a public forum like Cora but this is something you want to discuss with somebody who's going to be helping you trademark your brand and if your brand is worth promoting as we say it it's always worth protecting so if you came up with a phrase that you feel identifies your products or service says that will help you attract more business get you more visibility now you want to see if that can be trademarked so I hope this answers your question make sure you subscribe now get notified whenever the next video goes live if you've got more questions for me post a comment below and I'll answer them in a video just like this one and until then I'll see you in the next video

Thanks for your comment Lovella Dulay, have a nice day.
- Shawn Sobers, Staff Member

I love this question from Korra what right does anyone have to trademark a basic common word and tell anyone else that they cannot use it in their business name in this case the word is Road which isn't the title of our business name and roads is in theirs my name is Andre Minka from the founder of trademark Factory on this channel I've answered hundreds of questions just like this one and if you're interested in my opinion or just to learn about brands trademarks entrepreneurship intellectual property make sure you subscribe and get notified whenever the next video goes live and if you've got a question for me post a comment below and I'll answer your question in the video just like this one so going back to this question what right does anyone have to trademark a basic common word road versus roads well here's my answer to this questionanyone can trademark basic common words because trademarking is not about unique words unique phrases unique designs trademarks are about unique identifiers for products and services and there's a huge difference there you're not required to come up with fully original worth like think about it one of the most valuable brands out there Apple what could be more common than that but the word Apple uniquely identifies their brand the phones for computers for music right because they're not selling apples so as long as your company is not in a road construction business and as long as the other company is not in the road construction business then Road does not define what you do then it could be a word that's trademark able and if they had trademarked it first and they're in the same space as you are then not only do they have the right to trademark their brand not only do they have the right to enforce their trademark against you using it without their permission they'd be crazy not to because that's the whole idea for trademarking brands that you are given the monopoly over the use of your brand and you have the exclusive right to it and you have the right and almost an obligation to defend it against anybody else who uses the same brand without your permission you you have to do that because otherwise if everyone sees that you are allowing others to use your brand without your permission they're diluting your brand they're killing the value of your brand they're killing the value of your trademark at some point you will lose the ability to enforce your brand against others so again I don't know exactly what they trademarked I don't know exactly what your name is because you say the reward road is part of theirs and yours again being part of something is vague right depending on how dominant that word is in the whole brand for them and for you also host similar the products and services are that they offer that you offer maybe they're right maybe they're wrong but to go back to your point perfectly okay to trademark dictionary common words perfectly okay to enforce them against those who use the same or similar brand in connection with same or similar products and services they're doing what they're supposed to be doing and if you are not sure this is probably something that you should discuss with your attorneys now one last point before I call it a day with this video if you start a business and you give it a name it's your responsibility as the business owner to make sure that that's the name you can own and the next step is for you to actually make sure that you own the name because guess what what is the most important thing to make your brand a success the most important thing to make your brand a success is to make sure that it's your brand because if it's not your brand you can never make your brand a success because it's not your brand and the way to do it is with a trademark so I trade my factory that's what we do we help business owners protect their brands if you came up with a name and you want to see if it's trademark able go bulk a call with our strategy advisors to coalesce free go to trademark factory calm for it slash coal or just go to the homepage and the first big button you're gonna see is to book a free call with our strategy advisors do that and we'll take it from there if you like this video if you found it useful make sure you like this video make sure you subscribe make sure your comment below if you've got a comment if you've got a question and until then I will see you in the next video

Thanks Cletus your participation is very much appreciated
- Shawn Sobers

About the author

Shawn Sobers

I've studied fire safety (structural fire protection) at Dakota Wesleyan University in Mitchell and I am an expert in femtochemistry. I usually feel indescribable. My previous job was artillery and missile officer I held this position for 26 years, I love talking about marching band and bachata dancing. Huge fan of Amy Poehler I practice rugby league and collect records.