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.

What words Cannot be trademarked?

What words can 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.

Are words copyrighted or trademarked?

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.

How do you find 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.

How to do a registered trademark search with the WIPO Global Brand Database

Are famous quotes copyrighted?

According to US copyright law, the legal rights to a quote belong by default to its author (or speaker). Quotes are considered intellectual property, which is protected under the law.

Can I use a trademarked name?

The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.

How do you legally own a phrase?

You can trademark a phrase at the local level by applying at your state trademark office. To trademark a phrase locally, you must already be using the phrase publicly. You can apply for a nationwide trademark with the USPTO. With the USPTO you can apply with the "intent to use."

How do I trademark a name 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.

Is Mickey Mouse a trademark?

As previously mentioned, the original copyright for Mickey Mouse dates back to 1928 with the release of Steamboat Willie. Since then, Mickey Mouse has become trademarked, since it has acquired distinctiveness and has come to be a strong source indicator for Disney.

Is every word trademarked?

You don't have to register a word with the USPTO to get trademark status. A word is a trademark if that word identifies a brand, regardless of whether the word itself is registered. However, unregistered trademarks with the USPTO are only trademarked within the company's geographical area.

What are the 3 types of trademarks?

When can you use a trademarked word?

The law allows you to use a trademark without getting the owner's permission for: Informational use: You use it to editorialize or educate about a specific product or service. Comparison use: You use it as part of an accurate comparison between products or services.

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

If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

How much does it cost to trademark a word or phrase?

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.

What is the price to trademark?

When filing an application to trademark your business name on a federal level through the USPTO, you should count on paying between $250 and $750. According to the USPTO website, the trademark fees you'll pay depend on: The number of trademarks you seek. The class of goods and services you intend to trademark.

What is the cheapest way to trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Is it hard to trademark a 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.

How long does a trademark last?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

Can you trademark a common 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.

Can you trademark a phrase on a T shirt?

Yes, you can trademark a t-shirt. You can trademark a name, logo, or slogan that appears on your t-shirts. You may register a trademark for any materials that identify and promote your particular goods and services. This information was provided by our founding attorney, Xavier Morales, Esq.

Can you trademark a word in the dictionary?

The short answer to the question of whether you can trademark dictionary words—words that you can find in any dictionary, words that are common to the language is... ABSOLUTELY YES. You can and really, the best example of that is Apple. You can't find a more common word than that.

Can 2 companies have same name?

A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the 'same as' or 'too similar' to an existing name will be rejected by Companies House. These rules exist to protect the general public from being misled or confused.

Is the Nike logo copyrighted?

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.

What if another company has the same name?

Using the same name as another business will typically not be acceptable when: You sell different products or services but operate within the same industry as another company. The name is in use by a major national brand, regardless of industry. The other business registered for trademarks before you did.