Words That Can’t Be Trademarked: An Overview

A crucial component of protecting intellectual property is trademark law. It enables businesses, groups, and individuals to safeguard their brand names, logos, and catchphrases from unlawful use by rivals. But not every word can be protected by a trademark. When deciding whether a word qualifies for trademark protection, many different aspects are taken into account. We’ll look at which words can’t be trademarked and why in this article.

There are a number of word categories that cannot be trademarked. These include general terms that characterize a good or service, expressions that are often used, place names, and surnames. For instance, since “computer” is a general term used to describe a product, it cannot be trademarked. Similar to this, a business cannot trademark a well-known idiom like “have a nice day” since it is overused.

Geographic names and surnames are universally owned and hence cannot be trademarked. For instance, a business cannot trademark “New York” or “Smith” because these terms are connected to a specific place or someone. However, a business may be able to register a name as a trademark if it can show that it has long used a geographical name or surname in connection with its good or service and that the name has come to be associated with the brand. How Much Does It Cost to Register a Word or Phrase as a Trademark?

Several variables, including the type of trademark application, the number of classes of goods or services the trademark covers, and whether you engage a trademark attorney, affect how much it costs to register a word or phrase as a trademark. A trademark application typically costs between $225 and $400 per class of products or services. However, if the application is turned down or more costs are necessary for revisions or renewals, the overall cost could go up.

Based on how distinctive they are, trademarks fall into four categories. Generic marks, descriptive marks, suggestive marks, and random or fantastical marks fall under this category. Generic marks, which cannot be trademarked, are words or phrases that characterize the good or service. Even if they are not generic, descriptive marks can be registered if the applicant can show that the mark has come to mean something else. Suggestion marks are trademarkable and suggest the good or service without actually describing it. A trademark can be registered for arbitrary or imaginative marks, which are made-up words or names that have no connection to the good or service. How Can I Secure My Trademark?

You should file a trademark registration with the USPTO in order to protect your brand. Your trademark will be shielded from unlawful use by rivals after it has been registered. Additionally, you should keep an eye on how your trademark is being used and take legal action against violators. Additionally, you can use the ® and TM symbols to show that your trademark is registered and being used as a trademark, respectively. How long does it take for a trademark to be abandoned?

If a trademark’s owner ceases using it for three years in a row, the mark is deemed abandoned. The owner must constantly utilize the mark in commerce and renew registration every ten years to avoid abandonment. A trademark is open for use by anybody once it is abandoned.

To sum up, trademark law is essential for safeguarding intellectual property rights. But not every word can be protected by a trademark. It is not possible to register a trademark for generic terms, widely used phrases, place names, or last names. It is advisable to obtain the help of a trademark lawyer because the cost and complexity of trademarking a term or phrase can vary widely. You should file a trademark application with the USPTO, keep an eye on how it is being used, and take legal action against anyone who uses it illegally. To avoid abandonment, it’s crucial to consistently use your trademark.