What words Cannot be trademarked?
What Can’t 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 catchphrase?
The answer is yes – a catchphrase can be trademarked, but only for the protection of its use in connection with a particular product or services. … The mere act of speaking a catchphrase isn’t, on its own, an act of commerce, so a trademark wouldn’t cover or protect you from someone else just saying your phrase.
Can you trademark a generic word?
Since everyone deserves the right to accurately identify the type of goods or services it sells, to allow a single company to claim trademark rights to a generic term would impoverish the language and unfairly hamper competition. …
What words are copyrighted?
Here are some trademarked names that are often used as generic terms today.
- Jet Ski. You might think you’re riding around on a Jet Ski, but if it’s not made by Kawasaki Heavy Industries, it’s just a personal watercraft.
- Bubble Wrap. iStock. …
- Onesies. …
- Crockpot. …
- Jacuzzi. …
- Fluffernutter. …
- Chapstick. …
Is it illegal to put TM on a logo?
The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. … But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble.
What Cannot be trademarked UK?
Your trade mark cannot: be offensive, for example contain swear words or pornographic images. describe the goods or services it will relate to, for example the word ‘cotton’ cannot be a trade mark for a cotton textile company. be misleading, for example use the word ‘organic’ for goods that are not organic.
How do I 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 use someone else’s slogan?
Just because a company has trademark rights, those rights do not absolutely prohibit anyone else from using the same name, logo, or tagline. … The same exact trademark you use can be used on a substantially different product or in a substantially different industry.
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.
Why are generic names not given trademarks?
They are words or symbols that communicate what type of product or service is being offered. “Email” and “modem” are generic terms. … United States trademark law prevents trademark protection of generic terms because providing a generic term with trademark protection would be like granting a monopoly in the product.
Can I trademark my name?
But a trademark can be a word, phrase, letter, number, sound, scent, logo, shape, packaging or picture. … “If you have a business or you are a brand in yourself such as an entertainer or sporting star, you may apply for a trademark on goods and services to protect your brand to protect them from similar businesses.
What happens if your trademark becomes generic?
A brand mark that becomes generic loses trademark protection, brand value, and profit.