Can you trademark a word that is already trademarked?
If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.
Can I use a word that has been trademarked if its combined with another word?
The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.
Can you register a trademark with a similar name?
A registered Trade mark can deter other parties from misrepresenting or copying a brand identity, and gives enforceable to stop others from using an identical or confusingly similar Mark in relation to the registered goods or services, unless they have been given express permission.
Can you 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.
What words can you not trademark?
Words that don’t serve to identify the source of a product can’t be trademarked. Generic words, offensive words, and certain proper names can’t be trademarked. Words that are already trademarked for goods within the same industry can’t be trademarked.
Can I combine trademarks?
A combined trademark is made up of more than one component, such as a company’s name and logo merged into a single design. Protecting each part of your trademark is expensive, so it’s usually done only by companies with significant resources. It may be worth the cost, however.
Can a trademark be registered as a word mark?
The initial trademark application would not protect any of the subsequently created logos. However, since PEPSI registered their trademark as a word mark, they were able to do away with such redundant hassles. Ideally, separate trademark applications for word as well as logo should be filed to attain the broadest protection for any business.
What is the difference between a trademark and a logo?
In other words, by filing a word mark, one would prevent third parties from using one’s brand name in any regard. Trademark application as a logo: A logo on the other hand gives one the rights in the combination of images, design and words taken together.
What does same name same class mean for trademarks?
“Trademark, same name, same class” is an expression that means more than one business entity registering the same trademark name in the same product and service class with the United States Patent and Trademark Office (USPTO). There are several classes in which trademarks can be registered.
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.”