Quick Answer: Can You Trademark Words?

How do I know if a word is trademarked?

To search the USPTO’s trademark database, go to TESS and choose a search option.

If you are searching for a name, you can use the trademark name search.

If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual..

Can a trademark be bought or sold?

How to Sell a trademark. The selling of trademark does not mean selling of the company. … 1) Assignment Deed: As any property, may be a car or house is sold by an agreement between the buyer and the seller, the same way trademark is transferred by an Assignment deed between the buyer and the seller.

What Cannot be a trademark?

Not having a distinctive character A trademark which does not possesses a distinctive character which can differentiate the goods or services from others. It means a brand name which is already registered or applied for registration, cannot be trademarked. It can create confusion among consumers.

How long do Trademarks last in the US?

ten yearsIn 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.

Can a person own a trademark?

The party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner. … A trademark owner can include but is not limited to individuals, partnerships, corporations, limited liability companies, sole proprietorships, trusts, estates etc.

Who owns a trademark?

Normally, a trademark is owned by the company that uses the mark. Simply coming up with the idea for a trademark does not create rights in that mark. In some instances, a trademark can be owned by one company or individual and another company is authorized, or licensed, to use the mark.

Is Apple a trademark?

What Are Trademarks? … The Apple trademark is a good example: While an apple cannot be copyrighted, its artistic representation can be—its use as a symbol for an electronics and software company is protected as a trademark.

What is Nike’s trademark?

For example, the Nike swoosh symbol, the phrase “Just do it” and the name Nike are trademarked. In essence, Nike has three separate trademarks for its symbol, slogan, and name. Trademarks are meant to protect the brand. If Nike hadn’t trademarked “Just do it,” anyone could use the phrase in branding and advertisements.

Why Apple logo is half bitten?

Because it was designed that way 40 years ago (long before Android). And iOS is eating Android for breakfast, lunch and dinner. One story is that it was to give a sense of scale, so that it didn’t look like a cherry.

Can two companies have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

How do you get a slogan trademarked?

Businesses can register a combination of words (e.g. a campaign slogan) as a trade mark. It must, however, be capable of distinguishing the applicant’s goods and services. IP Australia can reject an application if the mark is generic, descriptive or lacking in its distinctive character.

How much does it cost to trademark a saying?

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.

Do you need an LLC for a trademark?

When you own a small business, your name is everything. … If you’ve formed a corporation or an LLC, you have some protections against other companies in your state having the same name. But for brand protection, you may want to register your name as a federal trademark.

Can you trademark generic words?

Generic terms can never receive trademark protection. 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. …

Is Apple TM or R?

Apple Trademark List* A trademark can be a word, phrase, symbol, or design that distinguishes the source of the goods or services. … Instead use the appropriate trademark attribution notice, for example: Mac and macOS are trademarks of Apple Inc., registered in the U.S. and other countries.

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

Should my LLC own my trademark?

Remember that the Owner of the Mark is not necessarily the name of the person filling out the form. The Owner of the Mark is the legal entity that owns the mark. It could be an LLC, a corporation, or perhaps an individual citizen.