Can words in the dictionary be trademarked?

The short answer to the question of whether you can trademark dictionary words—words that you can find in any dictionary, words that are common to the language is… ABSOLUTELY YES. You can and really, the best example of that is Apple. Yet Apple, of course, is a very valuable trademark.

Can you trademark a generic word?

Since everyone deserves the right to accurately identify the type of goods or services it sells, to allow a single company to claim trademark rights to a generic term would impoverish the language and unfairly hamper competition. …

Can you patent a word in the dictionary?

Companies can use words, phrases, and images to make themselves distinguishable from the competition. These phrases, names, and titles can even include words that come from the dictionary. When properly trademarked, these words will be protected under trademark law.

Can you patent a word or phrase?

The short answer is no, you cannot patent a phrase. Patent law does not offer protection to an inventor of a phrase. However, you can protect your phase under trademark law by trademarking it with the USPTO (United States Patent and Trademark Office).

Can common words be copyrighted?

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 your trademark becomes generic?

If they don’t, a competitor can start an abandonment action and ask for the cancellation of a trademark because it’s become generic. This process is called genericide. The trademark loses its legal protection, and any competitor can use it to promote their products.

How do you get a word added to the dictionary?

First, you drop the word into your conversation and writing, then others pick it up; the more its use spreads, the more likely it will be noticed by dictionary editors, or lexicographers. If your nephew’s word is one that English speakers decide we need, it has a good chance of getting into the dictionary.

Can phrases be copyrighted?

Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, [email protected] or see Circular 33, for further information.

Can I trademark a common word or a common phrase?

Possibly – if you’re using an arbitrary word to apply to your brand of products or services (like Apple for computers and phones,) then you may be able to trademark a common word or phrase. Clients oftentimes call me to ask if they can get a trademark registration on a “common word” or a “common phrase.”

What is the difference between a trade name and Trademark?

A trade name is the name of your business. A trademark is the word or words symbol, design, logo, etc. that the owner uses to identify the source of the owner’s goods and services.

What is another name for an unregistered trademark?

A common law trademark is another name for an unregistered trademark. The term “common law trademark” is often used in Canada and the United States. What do the symbols ® and ™ communicate?

Does registering a trademark bestow ownership of a word?

Further proof that registering a trademark does not bestow total ownership of the word: six different companies have trademark registrations for the word “TRADEMARK”. There are another 10 going through the process with the USPTO.