The short answer is
there is no legal way for a person to own a word
, and without the support of legal recourse, there is no way to enforce repercussions for perceived misuse or infringement. However, businesses and entrepreneurs can trademark common words under certain circumstances.
Can a word be trademarked?
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.
Do you copyright or trademark a word?
A word is not a trademark
— unless it is used to identify a product or service for a business in commerce and distinguishes the products/services from others. Historically, a tradesmen who crafted a knife, tools, or guns would place his mark (i.e., symbol, initials, name) on the product.
What words Cannot be trademarked?
- 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.
Can you copyright a slogan?
Copyright does not protect names, titles, slogans, or short phrases
. In some cases, these things may be protected as trademarks.
How long do trademarks last for?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed
every ten years
. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
How do you know if a phrase is trademarked?
You can search all applied-for and registered trademarks free of charge by using the
U.S. Patent and Trademark Office (USPTO)
‘s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.
Can I trademark a name already in use but not 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.
Should I trademark a slogan?
You can adopt a slogan for your brand without filing out a trademark application. If you want to keep others from using it, however,
you should trademark the slogan
.
Can you patent a phrase on a T-shirt?
If your T-shirt design has symbols, words, or other marks that uniquely distinguish it from other T-shirts on the market you can
obtain a trademark
to protect your design from others who might wish to capitalize on your intellectual property.
Can you patent a saying?
While you can learn how to patent an idea here, unfortunately,
it is not possible to patent a phrase
. Instead, you can trademark a phrase by registering it with the U.S. Patent and Trademark Office. … Individuals and businesses can trademark any phrase, which has a secondary meaning that connects to a product or service.
What are the 3 types of trademarks?
- Descriptive Trademarks;
- Merely Descriptive Trademarks;
- Generic Trademarks;
Why do Trademarks not expire?
Unlike patents and copyrights,
trademarks do not expire after a set period of time
. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.
Can I trademark my stage name?
Yes
, you can trademark a stage name that you use to promote or sell your products or services. If a stage name is trademarked then it will prevent another individual from performing similar services under the same name.
What happens if you use a trademark without permission?
United States law allows the holders of federally registered trademarks to sue others who use those marks without permission, when
the use in question causes a “likelihood of confusion” to actual or potential customers
.
Is there’s no place like home trademark?
On Wednesday, February 15, 2017, a U.S. federal trademark registration was filed for THERE’S
NO
PLACE LIKE HOME. The USPTO has given the THERE’S NO PLACE LIKE HOME trademark serial number of 87337457. The current federal status of this trademark filing is ABANDONED – NO STATEMENT OF USE FILED.
