Can you trademark a word

Can you trademark a phrase or common word? Chances are, we’re all familiar with at least one generic word that is registered as a trademark. You may even be using one of their devices to read this.

One example that I like to give to clients is that of Apple Inc. Is that trademark infringement?

Let’s begin with the basics of trademark and trademark infringement, and then go into when a trademark can or cannot be used. It depends upon how the word is used as a trademark. A trademark or service mark includes any wor name, symbol.

Accordingly, the term “APPLE” is actually a pretty strong trademark, as is the case when you apply a completely arbitrary term (however generic it may be) to promote your products or services. The case would be much different if someone wanted to get a trademark on the word “APPLE” in connection with the sale of apples (the fruit). Titles cannot be copyrighted.

However, to have standing, the trademark has to be registered.

If you are only conducting business in one state, then a State trademark is most. Yes as long as no one else owns it or has copyrights to it. Be care not to get sue know this Just because example you get US ownership does not mean you have a global ownership you need to get that too, permission from other countries may.

It means only that somebody else can ’t use a similar. You can insert the superscript TM symbol by applying the special characters command. If you frequently insert the trademark symbol in your Word documents, apply the AutoCorrect keyboard conversion or a keyboard shortcut as a time-saver for preparing your reports and correspondence. You can also respond to Office actions and file notices of change of address, allegations of use and requests for extension of time to file a statement of use through TEAS.

Trademark rights come from actual “use” (see below). Simply using a brand name to sell a product makes it a. This symbol indicated that the associated name or logo has been duly registered with the authorities and any attempt to misuse the name or logo could be punished by law. Any word , slogan, phrase, logo or name can be trademarked with the U. For example (Example 1), one can have ACME for dynamite (say, Wile E. Coyote).

Therefore, trademark infringement analysis must include both. Windows is a dictionary word , but they are not in the business of selling windows, they are in the business of selling software. When a trademark is registered with the U.

Are there any circumstances under which you would be permitted to use a trademark without the prior permission of its owner? Through USPTO, you can trademark a word or phrase. If you choose to register the word with state agencies or the U. Using a variation of a word creates opportunities for you but also introduces some problems into the trademark process. Phrases are deceptively similar if people are likely to be confused about the source of a product or service.

If you have similar versions of your trade mark , you can make a series application for up to six marks. You must search the trade marks database before you send your application to check if anyone. The public should recognize the trademark as an identifier of the product‘s source. A word mark is simply typed in standard character format without regard to the font, style, size or color.

In a trademark application for a word mark, you are essentially seeking registration of the wording (or lettering) without regard to its style, design, font or any graphic features. A localized translation of trademarks, like slogans, may be a common step for many global companies. After all, with a saturated global market, it is likely that there will be competition not only in a business’ home country, but also across boarders. That’s all the power a trademark owner has. Now, it’s time to get into what trademarks actually are, so that you can understand what can and what cannot be trademarked.

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. Can I trademark a common wor used as a business or brand name, if the word is an acronym?

I want to create a brand name which uses a common word.