Can You Trademark a Word? A Comprehensive Guide

Trademarks are important components of intellectual property, focusing on brand, product, and service protection. Businesses and even individuals attempt to trademark various aspects of their identity with such rights to achieve legal protection and control over such elements.

A frequently asked question is: Can you trademark a word? The answer is yes-but there are conditions and restrictions involved. This article explores in detail how a word can be trademarked, the legal requirements, benefits, challenges, and examples of real-world products that illustrate the process.

What is a Trademark?

A trademark is that recognisable sign, word, phrase, symbol, design, or combination that differentiates the source of goods or services from one entity to another. It provides intellectual property rights to its owner, who has an exclusive right to use a mark for their business in commerce.

Trademarks play a significant role in achieving trust, consistent quality, and the prevention of customer confusion on the part of customers by ensuring that goods or services emanate from specific companies, which can be easily identified.

Words are among the most commonly trademarked elements, including made-up words like “Google” or “Kodak,” which enhance brand uniqueness. Companies can also trademark proper names, domain names, or slogans identifying them.

As companies grow to enter more and more industries, trademarks become progressively more important, especially when dealing with products such as virtual reality, digital services, etc.

There are various types of trademarks, including word marks, logos, and sound marks. Besides that, an unregistered service mark receives some degree of protection, just by being used to indicate services in commerce, even if it’s not formally registered, though the rights offered by a registered trademark are much more comprehensive and solid.

Whether for physical goods or digital services, a valid trademark is a valuable asset that helps businesses protect their identity and maintain competitive advantages in both traditional and modern commercial spaces.

Can You Trademark a Word?

Yes, it is possible to trademark the word, but not every word qualifies for trademark protection.

The words thus need to meet certain criteria for trademark protection, and sometimes, the application process has to satisfy legal provisions while overcoming obstacles for approval.

Criteria for Trademarking a Word

Before a word can be registered as a trade mark, it must meet the following criteria:

Distinctiveness

A word must be distinctive to qualify for valid trademark protection. Trade marks are divided into categories based on how unique or descriptive they are:

Fanciful or Arbitrary Words:
These are the most easily trademarkable words because they have no prior meaning or are unrelated to the product or service they represent.

• Fanciful examples: Kodak, Exxon (invented words)
• Arbitrary examples: Apple (for computers)

Suggestive Words:
These words indirectly refer to a product or service’s characteristics and require some imagination to make the connection.

• Examples: Netflix (suggests movies and TV streaming), Jaguar (implies speed for cars)

Descriptive Words:
These words describe the nature, function, or quality of the product or service. Descriptive words can only receive trade mark protection if they have acquired secondary meaning (when consumers associate the word with a particular brand over time).

• Examples: “Sharp” for televisions, “Holiday Inn” for hotels

Generic Words:
Words that are commonly used to refer to a type of product or service cannot be trademarked. A company cannot own exclusive rights to everyday words used by the public to describe general products.

• Example: “Bread” cannot be trademarked for a bakery.

Non-Deceptive and Legal Use

A word cannot be trademarked if it is misleading, offensive, or prohibited by law. For example, you cannot TM a word that suggests a false origin or misrepresents the product.

Non-Confusing with Existing Trademarks

A trademark application can be denied if the word is too similar to an already registered trademark in the same industry. This is to prevent consumer confusion about the source of goods or services.

Words That Can and Cannot Be Trademarked?

Words You Can Trademark:

• Invented Words (e.g., “Google”)
• Unique Brand Names (e.g., “Nike”)
• Slogans or Taglines (e.g., “Just Do It” by Nike)
• Names of Products (e.g., “iPhone” by Apple)

Words You Cannot Trademark:

• Generic Terms (e.g., “Milk” for dairy products)
• Common Phrases in Use (e.g., “Thank You”)
• Deceptive or Misleading Words
• Offensive or Immoral Words (depending on the jurisdiction)
• Names that Refer to Geographic Locations (unless they have acquired distinctiveness)

Famous Examples of Trademarked Words

Trademarked words, or proprietary eponyms, are brand names that have become so commonly used that they are often mistaken for generic terms. Here are some famous examples of such trademarked words:

Trademarked Word	Industry	Description
Xerox	Technology	Photocopy machines and document solutions
Kleenex	Consumer Goods	Facial tissues
Band-Aid	Medical Supplies	Adhesive bandages
Photoshop	Software	Photo editing and graphic design tool by Adobe
Google	Technology	Search engine and digital technology products
iPhone	Electronics	Smartphones by Apple
Velcro	Textiles	Hook-and-loop fasteners
Post-it	Stationery	Sticky notes by 3M
Jet Ski	Sports & Recreation	Personal watercraft vehicle by Kawasaki
Tupperware	Kitchenware	Food storage and organization containers
Crock-Pot	Kitchen Appliances	Slow cookers
Jacuzzi	Home & Leisure	Hot tubs and whirlpool baths
Lego	Toys	Building blocks and construction toys
Rollerblade	Sports Equipment	Inline skates
Q-Tip	Personal Care	Cotton swabs by Unilever
Super Glue	Adhesives	Strong, fast-acting adhesive by Loctite
FedEx	Logistics	Courier and delivery services
Popsicle	Food & Beverage	Frozen ice popsicle treats
Sharpie	Stationery	Permanent markers
Vaseline	Personal Care	Petroleum jelly products by Unilever

These trademarked words have become popular in common language, often used to refer to similar products across brands. However, the official trademarks belong to the companies listed, and using them generically can sometimes lead to legal issues for businesses.

Trademark Process for a Word

The process of trademarking a word involves several steps, typically overseen by national or regional trademark offices such as the United States Patent and Trademark Office (USPTO), the European Union Intellectual Property Office (EUIPO), or the Indian Intellectual Property Office.

Conduct a Trademark Search

Before applying, it is essential to search trademark databases to ensure that the word is not already in use or registered by another entity in the same industry. Most TM offices offer online search tools for this purpose.

File a Trademark Application

The application must be filed with the relevant trade mark office. It will include the following information:

• The word you want to TM
• The type of product or service it will represent (classification)
• A description of how the word will be used
• Proof of usage in commerce (for certain jurisdictions)

Review and Examination

The trade mark office will review the application to ensure the word meets the legal requirements. Examiners will check for distinctiveness, non-deceptiveness, and potential conflicts with existing TM.

Publication and Opposition

If the word passes the initial review, it is published in an official gazette or bulletin. During this period, third parties can object if they believe the trademark infringes on their rights.

Approval and Registration

If no opposition is raised, or if objections are resolved, the service mark is approved and registered. The applicant receives a certificate confirming the registration.

You Can Own a Trademark, But You Can’t Own a Word

Aspect	Trademarking a Word	Owning a Word
Definition	A TM grants exclusive rights to use a word in commerce for specific goods or services.	Words, especially common ones, are generally public domain and cannot be owned outright.
Legal Protection	Protects a word’s use in a particular industry or category to avoid consumer confusion.	No legal ownership of a word as general property, only specific commercial rights.
Examples	Trademarked Words: “Apple” (technology), “Nike” (sportswear).	Words like “apple” as a fruit or “star” in general use cannot be owned.
Restrictions	Only applies to specific industries or goods (e.g., “Apple” for computers but not for fruit).	You can’t prevent general or unrelated use of the word outside trademarked context.
Duration of Rights	Typically 10 years, renewable as long as the TM is actively used.	Ownership of a word isn’t possible, so there’s no duration to control.
International Protection	Possible through the Madrid Protocol or individual country applications.	Not applicable, as words can’t be owned globally or even locally.
Distinctiveness Requirement	Must be distinctive (fanciful, arbitrary, or suggestive).	Words that are generic or descriptive can’t be trademarked or owned.
Cost	Filing fees, renewal fees, and possible attorney costs.	No costs, as there’s no ownership mechanism for common words.
Usage Limitation	Original trademark owners control commercial use within specified industries.	Anyone can freely use words outside the trademarked industry context.
Transferability	TM can be bought, sold, or licensed.	Words in general language can’t be transferred or sold.
Infringement Protection	Trademark holders can take legal action if others misuse the word commercially.	No infringement protection since words are public property outside of TM usage.
Scope of Rights	Limited to commercial use within specified classes (e.g., food, apparel).	No exclusive rights to the word itself—only specific TM usage.
Example of Misconception	Belief that trademarking a word means total control over it (false).	Common misconception that owning a TM is like owning the word.
Implications for Businesses	TM helps build brand identity and protects business interests.	Businesses can’t restrict others from using the word generally.
Application Process	Application to USPTO or similar authority with examination for approval.	Not applicable—no ownership process for general words.

Can I Lose the Trademark on a Word if It Becomes Generic?

Yes, this means that the brand name loses protection when it becomes generic. This occurs when the public begins to use a trademarked word as a generic term for some type of product or service rather than associate it with any one company. In such cases, the trademark owner is no longer able to enforce exclusive rights and the word is thus declared public domain.

Some of its most notable examples include Aspirin, which was initially a trademarked product of the Bayer, and Escalator, initially a brand name by Otis Elevator Company. The words came with trademarked protection initially but got genericised over time such that the brand names lost their trademarks.

This principle applies not only to words but also if you attempt to trademark a letter (like ‘M’ by McDonald’s) or trademark a company name. If the public uses these service marks as generic terms rather than specific identifiers, they risk losing legal protection.

What’s Next?

Trademarking a word is an essential tool under business law that offers company exclusive rights over a brand name, catch phrase, or even a type of apple—as long as it meets trademark requirements.

Arbitrary trademarks like “Apple” for technology products show how unrelated words can become powerful brand assets.

With prominent trademarks extending to virtual reality products and other emerging industries, businesses gain complete ownership over their brand identity and products.

To protect a product in commerce, businesses can follow simple steps to apply for Federal trademark registration, ensuring long-term exclusivity. A registered trademark sets companies apart from competitors, preventing unauthorised use of their brand.

Bytescare offers comprehensive brand solutions for trademark infringement, enhancing your reputation through expert monitoring and strategic enforcement.

Book a demo to see firsthand how we can protect your strong trademark. This ensures your brand remains distinctive and secure in the ever-evolving digital field. Whether you need protection for physical products or digital assets, safeguarding your brand through trademarking is critical for sustainable success.

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