Can you trademark a word?
You can trademark a word that identifies your company or your products. Register your trademark with the United States Patent and Trademark Office (USPTO) to protect your trademark throughout the United States. A word is a trademark if that word identifies a brand, regardless of whether the word itself is registered.
Can a company name be trademarked?
Business names, product names, logos and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business. For additional protection, you can register a trademark with the U.S. Patent and Trademark Office (USPTO).
Can I trademark a phrase already used?
You can trademark a word, phrase, symbol, or a combination of these. You can trademark a phrase at the local level by applying at your state trademark office. To trademark a phrase locally, you must already be using the phrase publicly. You can apply for a nationwide trademark with the USPTO.
Is a company name a trademark or copyright?
A trademark represents your brand or product. Names, logos, and slogans are common trademarks. A copyright, on the other hand, protects a work of authorship, including books, paintings, and even computer code. To ensure intellectual property is protected, work with your attorney to obtain a federal registration.
Should a company register its trademarks?
It is not mandatory for businesses to register their trademark. Your company can establish common law rights to a mark based solely on the use of it. However, registering your mark has many advantages – the biggest one being exclusive legal rights.
Can you copyright two words?
Copyright protects original works of authorship that have been independently created and that are the product of some minimal degree of creativity. Words and short phrases, such as names, titles, and slogans are generally not protected, even if they are original or distinctive.
Are there any trademarks that are too phonetically similar?
According to the courts, the following trademarks are too phonetically similar: 1 Seiko v. Seycos. 2 Cana v. Canya. 3 Kresco v. Cresco. 4 Intelect v. Entelec. More
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.”
Is it legal to use the same name as another company?
However, the trademark does not keep other companies from inadvertently or purposely confusing customers with a similar mark. Obvious trademark infringement, such as copying the same name of another company, is punishable by law. However, most cases are less cut and dry.
What happens if two trademarks are similar to each other?
Similarity of the Mark. When two trademarks are similar, there is a greater likelihood that they will be confused with each other and infringement will occur. Trademarks can be similar in a number of ways. When comparing trademarks, their appearance, sounds, connotations, and commercial impressions must be evaluated.