Steps to Trademark a Word: Trademark Application
- Consult a trademark attorney. Trademarking a word is a complex process, so talk to a trademark attorney early in your planning.
- Check for eligibility.
- Register domain names.
- Establish ownership.
- File an Intent to Use.
- File a Trademark Application.
- Pay the filing fee.
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How much does it cost to trademark a word?
If you have ever asked yourself how much does it cost to trademark a phrase, according to the current fee schedule on the USPTO, trademark registration fees cost $275 per mark per class. If you need an attorney’s assistance, the cost averages around $1,000 to $2,000.
Can you trademark a real 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.
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.
What is the cheapest way to trademark?
The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.
What are the 3 types of trademarks?
What Is a Trademark and What Are the Types?
- Arbitrary and Fanciful Trademarks. The strongest trademarks are those that are not in any way connected to the products they’re used on.
- Suggestive Trademarks.
- Descriptive Trademarks.
How do you own a word?
When you trademark a word, you give a person or company exclusive rights to connect one brand with that word. You can trademark a word that identifies your company or your products. Register your trademark with the United States Patent and Trademark Office (USPTO) to protect your trademark throughout the United States.
How do I make a new word official?
For a word to get into the dictionary, two main things must happen:
- It has to be in widespread use among a group of people. This means a lot of people are using the word and agree upon what it means, whether it’s spoken or in writing.
- That word has to have staying power.
What happens if you use a trademarked word?
What Is Infringement? You are infringing on the trademark rights of another entity when you use its registered trademark without prior permission. For example, if you create an electronic tool and decide to stamp the Apple logo on it, you would be committing trademark infringement.
What are the 4 types of trademarks?
Trademarks can generally be categorized into one of four categories of distinctiveness, from most to least distinctive: coined, arbitrary, suggestive and descriptive. Words and designs that lack any distinctiveness fall into a fifth category, “generic,” and cannot function as trademarks.
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.
Do you trademark or copyright 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.
Do you need a lawyer to file for a trademark?
No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO).
Can I trademark something for free?
You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.
How long does trademark last?
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.
Do you need a trademark to start a business?
Trademarks registered with the USPTO enjoy significantly stronger protection than ‘common law’ (unregistered) marks. This can make it significantly easier to recover your property. For example, if someone happens to be using your company name as their Twitter handle.
Whats the difference between LLC and trademark?
What is the difference between an LLC and a trademark? The short answer is—the level of protection they can provide. In the case of an LLC, your business name is only guarded within state lines after you register.State registration—Much like an LLC, your trademarked name is protected in the state of registration.
How do I trademark a brand name?
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.
Can anyone own a word?
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.
How do I know if a word 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 a person buy a word?
You Can Own a Trademark, But You Can’t Own a Word.