Can any word be trademarked?
Phrases, words, symbols, sounds, and even colors are all eligible for trademark protection. Anything that identifies your brand and is used to distinguish your company or goods/services from other companies can be trademarked.
What Cannot be registered as a trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
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 happens if a trademark is refused?
If the registration is refused the applicant has the final option of appealing to the Intellectual Property Appellate Board (hereinafter referred to as IPAB). … The appeal must be filed in the prescribed manner following the TradeMarks (Applications, Appeals and Fees to the Intellectual Property Appellate Board) Rules.
Can a word be trademarked more than once?
Registering a trademark gives a business protection for its use in the U.S. This means that other parties are not allowed to use a business’s trademarks when they are conducting business. Not all marks are able to be trademarked. … It is still possible for two different businesses to have similar names are marks.
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 you trademark curse words?
The short answer is: no, you cannot trademark a “bad” word if it is scandalous, offensive, or immoral. U.S. trademark law absolutely bars trademarking words of immoral or scandalous matter.
What qualifies for a trademark?
Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.
Is not a requirement for registration of a trademark?
There is no requirement for forming a legal entity or business entity to register a trademark. Further, the documents required to register a trademark in the name of a proprietorship are the same as that of an individual as under: Copy of the logo, preferably in black & white (Optional).
Can unregistered trademark be protected from passing off?
Passing off is a common law tort, which can be used to enforce unregistered trademark rights. The law of passing off prevents one person from misrepresenting his goods or services as that of another… Passing off is a common law tort, which can be used to enforce unregistered trademark rights.