Can common words 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.

What happens if you use a trademarked word?

What Is Infringement? You are infringing on the trademark rights of another entity when you use its registered trademark without prior permission. For example, if you create an electronic tool and decide to stamp the Apple logo on it, you would be committing trademark infringement.

What words Cannot be registered as a trademark?

What Can’t Be Trademarked?

• 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.

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.

Can I use the trademark symbol without registering?

The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.

What can not be protected as a trademark?

A trademark which shows kind or quality A brand name which consists of the word which is commonly used in day to day life to identify the product cannot be trademarked. It may include kind, quality, quantity, values, geographical origin, and its characteristics. Following are some examples which cannot be trademarked.

Can you trademark curse words?

The short answer is: no, you cannot trademark a “bad” word if it is scandalous, offensive, or immoral. U.S. trademark law absolutely bars trademarking words of immoral or scandalous matter.

What is not infringement of trademark?

If the mark is used with the authorisation of the holder of the registered trademark, it does not constitute infringement. Identical or deceptively similar: The trademark used by the unauthorised person needs to either be identical to that of the registered trademark or deceptively similar to it.

How do you enforce trademark rights?

In order to maintain exclusive rights in a particular mark for your specified goods/services, you must police your registered mark. You can either subscribe to a trademark policing service or perform searches for potential infringement in house.

Can I use a trademarked word?

If you’re using a trademark in a non-commercial context, you don’t have to include the symbol. You may want to capitalize it or put it in italics to indicate that it is a trademark. If you need help determining if you can use a trademarked word, you can post your legal need on UpCounsel’s marketplace.

Can a trademark owner Sue Me for using their trademarked sticker?

With that said, that does not mean if the trademark owner who sees you using the sticker cannot sue you or demand that you stop using the sticker.

Can a common name be registered as a trademark?

Nancy J Flint. 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 a word for selling shoes?

Bottom line, you can trademark just about anything. An acronym, a word, a logo, a color, even a sound. Anything can be trademarked. The only question is, are you using a word in its generic sense. As was said earlier, are you trying to use the word SHOES to sell shoes?