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Here’s how to trademark common words… What is a Trademark? A trademark is the exclusive right to use your company name. That means you're the only one who can use it. If you don’t trademark your business name, then anyone can use it. You won’t be able to stop someone from using your brand name. And trust me, that will happen!

Learn how to use a common word as a trademark and when it is likely to be rejected by the USPTO. See examples of trademark battles and the definition of a trademark according to the law.

Registered trademarks grant exclusive rights to use the word with specified goods or services, forming a strong legal basis for enforcement. Trademark owners can take action against unauthorized use under the Lanham Act, with remedies including injunctions, monetary damages, and treble damages for willful infringement.

Trademark protection can extend to common words, but with certain restrictions. For a common word to be trademarked, it must not be generic or merely descriptive of the goods or services. For example, the word “apple” is a common word, but Apple Inc. successfully trademarked “Apple Computer” and “Apple” for their brand name and ...

Did you know any of these common words are actually trademarked brands? Now Trending. 1 / 18. silvia/Shutterstock. First, what is a trademark? ... Only registered trademarks can use the ® symbol ...

A common word may be registered as a trademark so long as it is not primarily the common name of the goods or services on which it is used. A term that is primarily the common name of the goods/services is "generic" and can never be a trademark.

Can You Trademark Common Words or Expressions? The short answer is yes, a common word, phrase, or expression can be trademarked if the individual or the organization seeking the trademark can clearly demonstrate that the said common word/expression has acquired a unique, secondary meaning apart from the original meaning that is clearly ...

Before you can trademark a phrase or word, it must be unique and not already in use or trademarked by someone else. ... Can I trademark a common phrase? Common phrases are generally harder to trademark as they lack distinctiveness. However, if you can prove that the phrase has acquired a unique meaning in relation to your goods or services, it ...

You can trademark some common words. If the word has an arbitrary relationship to the product being named, the word may qualify for a trademark. You can trademark a catchphrase if you use the word for business and it isn't a common phrase. For example, boxing announcer Michael Buffer trademarked "Let's Get Ready to Rumble!"

Non-generic words, logos, slogans, colors, smells, and sounds can all be registered with the USPTO, as long as you can demonstrate how they represent your business. Inventions and works of authorship cannot become registered trademarks and should be protected with patents or copyrights respectively.

As long as any term can fulfil the function of a trademark, it can be registered. This rule applies to common words as well. Take, for example, apple. Apple is a generic word, and anyone can use it. ... it would not be allowed since that would prevent other produce sellers from using a word that is very common within their niche - an unfair ...

To trademark something, you must prove you invented or created it and that it uniquely identifies your goods or services. Intellectual property rights can only be obtained for something distinctive and original, not for words in common use. Ideally, if you invent a great word, you should also trademark it.

The USPTO’s Trademark Manual of Examining Procedure outlines the factors that examiners must consider, including whether the phrase is merely a common expression or sentiment that is widely used by others in a non-trademark sense. When a phrase is used in a widespread or generic manner, it is difficult for consumers to associate it with a ...

Trademarks can range from basic words, names, or phrases to more abstract ‘signs’ like forms, visuals, sounds, packaging features, colors, or even fragrances. Scents can be registered as trademarks in a number of countries, including Australia, India, and the United States of America, however this is extremely rare.

Another example of common word phrases is "You've got a friend in the diamond business" of Shane Company (a national jewelry chain). Also even if a word mark by itself can't be protected since it doesn't qualify as a trademark by virtue, for example, of being purely descriptive in the ordinary sense of the words, those words protected only when ...

It identifies and distinguishes a unique product or service from the rest of the market. A trademark can be a letter, number, word (in a plain font or a ‘fancy’ font), phrase, sound, smell, shape, logo, picture, a plant, movement, aspect of packaging or a combination of these things. ... Commonly used words or phrases like ultra bright for ...

Can you register a trademark for common words? It depends on the words, the goods and if you use the words to indicate the origin of the goods. Generic words -- that tell what the product is -- cannot be trademarks for those goods. Descriptive words that tell something about the goods or what they do are not initially trademarks.

For instance, you can’t trademark the word “Computer” for a line of computers because it’s a common name for the product and lacks distinctiveness. Descriptive Terms: Descriptive terms describe an aspect of the product or service, such as “Cold and Creamy” for ice cream. These typically aren’t eligible for trademark registration ...

Merely descriptive: You can’t trademark the name of a product if it’s generically descriptive. For instance, you can’t trademark the word “apple” when discussing fruit. However, trademarking the term “Apple” for a computer company was fine. Used non-commercially: You can’t own a word or phrase just to hold it. It has to be used ...