The following steps are aimed at helping you successfully trademark your phrase or word, ensuring its protection and your peace of mind. Step 1: Ensure Your Phrase or Word is Unique. Before you can trademark a phrase or word, it must be unique and not already in use or trademarked by someone else.
A trademark helps make your product or service distinct from others. 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.
You can use a common word or phrase, but be aware that to obtain a trademark, you need to show that the phrase has a “secondary meaning” that makes your use different from the usual meaning of the phrase. You will also need to show how that secondary meaning is connected with your product or service.
Trademarks registered in special form format protect trademarks that are stylized , have designs or logos, or are in color. Trademark owners typically register in special form format when the stylization and design is an important part of the trademark. With this format, you’re getting protection specifically for the way the trademark looks.
Distinctiveness determines a word’s eligibility for trademark protection. Under the Lanham Act, words fall into categories: generic, descriptive, suggestive, or arbitrary/fanciful. Generic terms, like “apple” for the fruit, cannot be trademarked. Descriptive terms, such as “Sharp” for televisions, require secondary meaning to qualify.
It cannot be confusingly similar to existing trademarks, as this could mislead consumers. The USPTO conducts a search to ensure the phrase does not infringe on existing trademarks, using the likelihood of confusion standard. Filing Steps. If the phrase meets eligibility criteria, the next step is filing a trademark application with the USPTO.
How Do You Create a Strong Trademark for a Word? 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. Consider some word types when creating your trademark: • Invented words: You can’t use these words in any context other than with ...
It means you’ll have legal grounds to take action against anyone who tries to use your trademarked word without permission. Tips for Trademarking a Word. Be unique: The more distinctive your word, the easier it will be to trademark. Use it: You can only trademark a word that you’re actively using in commerce.
While it is possible to trademark a word, especially if it is a distinctive or made-up word, common and descriptive words face more significant challenges. Business owners seeking to trademark a word should conduct a thorough trademark search and consider consulting with a trademark attorney to navigate the process successfully.
If you develop a product line or services that are identified by the word mark, then you could file an intent-to-use trademark application with the United States Patent and Trademark Office (USPTO). Once you start selling the product or providing the services in commerce, you might be able to obtain a trademark registration from the USPTO.
You register trademarks with the U.S. Patents and Trademarks Office. The process for registering with the USPTO involves a fee and a good deal of paperwork. It often pays to hire a trademark ...
That is not the case. Instead, trademark protection applies here. If you would like our assistance, please see our trademark registration page. Trademark a Word. Filing a trademark application for a word is the most basic type of trademark application. The word must be in use in commerce in relation to goods or services. There are four basic ...
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 ...
How you do renew word trademark registrations? The same principle applies to maintaining or renewing a word mark registration. It is not uncommon to change the wording by adding or removing terms. If that happens, you should consult with your IP attorney to see if it would be advisable to file a new trademark application to register your new ...
How do you trademark a name or a word? If you want to obtain a US trademark registration for a business or product name, you should get familiar with important basics of the trademark application process. A practical understanding of the following core concepts will be valuable even as you work with an IP attorney:. the identity of the trademark owner
Trademarking a word or phrase involves a careful process to ensure that it meets all legal requirements and is distinctive enough. Here are some steps to help you identify the right word or phrase for trademarking: Distinctiveness. Choose a word or phrase that is distinctive and unique to your product or service.
Key Terms for Trademarking a Phrase Certification Mark: A mark indicates that specific standards or qualifications have been met by the products or services bearing the mark. Goodwill: The positive reputation and recognition of a trademark accumulate over time. Incontestability: A status granted to trademarks after a certain period of continuous use, providing additional legal protection.
Intellectual property (IP) is all around you, protecting creations of the mind. IP includes copyrightable creative works as soon as an author fixes their work in a tangible form of expression. IP also includes inventions protected by patents, brands protected by trademarks, and commercially valuable information protected under trade secret law.
