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.
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. …
Can you trademark a made up word?
Can you trademark a made up word? Made-up words are usually considered to be very strong and protectable trademarks, as the words will have no meaning or context outside of branding or marketing your product or service.
Can I trademark an English word?
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.
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.
How do you determine if a name is trademarked?
You can search for federally registered trademarks by using the free trademark database on the USPTO’s website. To start, go to the USPTO’s Trademark Electronic Business Center at http://www.uspto.gov/main/trademarks.htm and choose “Search.” Then follow the instructions you see on the screen.
Can I put a quote on a shirt and sell it?
Generally yes, provided you do not imply sponsorship or endorsement by the author of the quote or any third party, particularly some business. Many quotes are registered trademarks. … If you put IT’S THE REAL THING! on a shirt and sell it you will surely hear from trademark lawyers for Coca Cola.
How do you use trademarked words?
To legally use a trademark in a business setting, you must use the correct symbol with it. If the trademark is registered with the USPTO, the symbol ® should appear after the mark. For unregistered trademarks, TM (trademark) or SM (servicemark) should appear instead of the ® symbol.
How do you check if a phrase is copyrighted?
Go to the official website of the United States Copyright Office to use its online “Public Catalog Search” for works copyrighted after 1978. Use the “Keyword” search field for phrases in copyright records. Surround the phrase with double quotation marks to search for the precise phrase.
What is the difference between copyright and trademark?
Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.
Can you trademark two words together?
No, unless you are using both variations of the mark in trade. A trademark covers not only the specific mark which is used in trade and commerce, but also marks which are confusingly similar to the used mark.