Can You Trademark A Common Word?

Which One Should I Trademark.

It depends.

Higher value tends to lie in name recognition rather than familiarity of a logo.

Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself..

Is Won’t you be my neighbor trademarked?

WON’T YOU BE MY NEIGHBOR? Trademark of MCFEELY-ROGERS FOUNDATION, THE – Registration Number 1750505 – Serial Number 74218226 :: Justia Trademarks.

Is make it work trademarked?

MAKE IT WORK Trademark of Functionalize, Inc. – Registration Number 5114775 – Serial Number 85908742 :: Justia Trademarks.

Should I use TM or R?

The TM symbol can generally be used by any person or business to indicate that a particular word, phrase or logo is intended to serve as an identifier for the source of that product or service. … The R symbol indicates that this word, phrase or logo is a registered trademark for the product or service.

Is Apple a generic trademark?

For all publications, include an appropriate generic term after the trademark the first time it appears. Thereafter, the generic term should appear frequently with the trademark….Apple Trademark List*Apple’s TrademarksGeneric TermsApple’s Trademarks Apple logo®Generic Terms120 more rows

Can I trademark any word?

Phrases, words, symbols, sounds, and even colors are all eligible for trademark protection. Anything that identifies your brand and is used to distinguish your company or goods/services from other companies can be trademarked.

10 yearsA trademark has a lifespan of 10 years from the date of registration. You must renew a trademark every 10 years in order to keep the registration active. Failure to file renewal within the stipulated deadline cancels the trademark and diminishes its value.

Who owns a trademark?

Normally, a trademark is owned by the company that uses the mark. Simply coming up with the idea for a trademark does not create rights in that mark. In some instances, a trademark can be owned by one company or individual and another company is authorized, or licensed, to use the mark.

What are the 3 types of trademarks?

There are three different types of trademarks that can be registered:A word or design mark. … A certification mark. … A distinguishing guise.

Can I trademark a name already in use but not trademarked?

If someone else has already registered your trademark, you’ll be unable to register the mark. However, trademark protection is not absolute. If you can show that you used the trademark prior to the registration of the other trademark, you may still own the mark. You can’t simply notify the trademark office, though.

How do you protect a trademark?

The 5 Things You Must Do to Protect Your TrademarkDo Your Homework. The USPTO won’t register your trademark if there is a “likelihood of confusion” with another registered trademark. … Prepare and File a Trademark Application. … Respond Promptly to Office Actions or Oppositions. … Monitor Your Trademark. … Maintain Your Trademark.

Do you need permission to use a trademark?

By law, you need not request permission to use a trademark belonging to another if it is for an editorial or informational use. … When a trademark is registered with the U.S. Patent & Trademark Office (USPTO), the trademark owner can enforce its mark across the United States.

Do trademarks have a useful life?

A useful life can be definite, lasting only a certain period of time, or indefinite. Most trademarks have indefinite useful lives because protection can last as long as the business protects its mark.

What happens if someone trademarks your name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

Can two businesses have the same name?

The name of a company is not necessarily a trademark, so you are conflating two different concepts: A company name is the legal identity of the company, like your name is for you. … In general, within the same jurisdiction, you cannot have two company names that are the same.

Can multiple businesses have the same name?

The name of each and every company should be unique. Two companies can have the same name but that too in the following way: … Sued by the owner of the one who first filed the name. Also, if the name is trademarked then you would be in violation of trademark laws and would be prevented from using it.

Any time your company uses a logo to identify its products or services, you establish common-law trademark rights. Common-law trademark rights may allow you to sue a competitor to prevent it from using your logo, particularly if it is in a way that attempts to portray itself as your company to consumers.

Can you trademark an English word?

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 words Cannot be trademarked?

However, you can’t trademark: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.

What happens if you don’t have a trademark?

Having an officially registered trademark for your business is not actually a legal requirement. … However, if you do not have a registered trademark, the legal position is that you do not have good legal rights to your name or brand. You may not even own your name or your brand.

Is slogan a trademark?

Trade Mark Applications are filed for registration of Slogan. Slogans are protected as trade mark under Section 2(m) and 2 (zb) of Trade Marks Act, 1999.