Trademarking a common word between us and you pdf

First, the owner of a trademark registration or the user of a trade name for six months can record their marks with u. Trademarks are often among the most important and valuable assets of a. Third, you cant trademark a phrase or trademark a word if it is deceptively similar to a phrase or word thats already been trademarked for the same type of goods or services. Under the lanham act, generic words should be denied federal regis tration, and. You can be subject to nonuse action if you apply too widely. A common word between us and you an interfaith initiative. A trade name is commonly known as a doing business as dba. The law journal of the international trademark association. Word between us and you acw and addressed it to 28 christian leaders worldwide. Fees for trademark filing, registration, renewal and other services. Trademarking a madeup word will not protect your madeup word from entering into everyday use, nor will it prevent speakers and writers from using the word in a way other than intended. Foreign language and nonenglish trademark applications. For instance, amazon has nothing to do with the river, and its alternate me. This guide is meant to provide you with quick answers to frequently asked questions about trademarking.

We hope this publication will be helpful to you when filing with the division of corporations. If our leaders have spent a few minutes doing a little more than bending over backwards to accommodate anything and everything that is put out there, they would have found that the very expression a common word between us and you. In these countries, a trademark registration may provide broader rights than the common law rights that arise from simply using the trademark. Join the 19158 people who endorsed a common word and show the world you support a brighter future based around compassion and understanding. The question itself is always asked with a doubtful tone, as if they already know the answer is no.

Trademarking a phrase prevents someone else from using it for a product or service that could be mistaken for yours. Clients oftentimes call me to ask if they can get a trademark registration on a common word or a common phrase. Browse the list of 295 trademark abbreviations with their meanings and definitions. How an author trademarking the word cocky turned the romance novel industry inside out. A common word between us and you is an open letter, dated october 2007, from leaders. Join the 19158 people who endorsed a common word and show the world you. In each of the examples you gave, the common word isnt used to stand for itself but for a different thing entirely. A trademarked phrase identifies your specific product or service and distinguishes it from similar products or services source. Trademark definition, any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate specific goods and to distinguish them from those manufactured or. If results do appear, you can check the entry for the details and scope.

Some examples include brand names, slogans, and logos. In short, if you use a word or phrase generically in identifiers for your products or services, not only cant you claim that word itself as a proprietary brand name, but you do no better by adding an indistinct. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself. For example, googling has become a very common verb that refers to searching for information via internet search engines. If you find no results, your search term is not registered in the database. If you have a mark with a logo or design elements and you only have the funds to file one trademark application, below is some general information to consider. And you might register a for the tv commercial that you. A common word forms part of a larger project, focused in jordan, to develop an authoritative. Australia, canada, the united kingdom and the united states. In order to trademark a phrase, you must prove that the phrase. A service mark is a word, phrase, symbol, andor design that identifies and distinguishes the source of a service rather than goods.

Michigan law defines a trademark as any word, name, symbol, or device, or any. In the united states, the patent and trademark office, part of the department of commerce, handles trademark registration. Before you apply to trademark a word, make sure the word is available for trademarking. Since the launch of a common word, hundreds of muslim and christian scholars, leaders and intellectuals have approved. Here you want to use an acronym that is phonetically a common word. If you have a brand that a name or a phrase written in a fancy font, how should you go about trademarking that. You would apply to register a trademark to protect the brand name of the vacuum cleaner. A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies.

If you have a business name, product name, tagline, or logo that you use regularly, you may have common law trademark rightseven if you have never registered your trademarks with any governmental agency. While there are numerous instances of double trademarking, a recent example is the crosslicense in 2007 between. List of all most popular abbreviated trademark terms defined. While this brochure will not make you a trademark expert, it will. Muslims and christians together make up well over half of the worlds population. Can you trademark a phrase consisting of common words. A common word between us and you ecumenical response national council of the churches of christ in. United states trademark rights also arise under common law simply from the owners use of the trademark in commerce. Here you want to use an acronym that is phonetically a common word so the same analysis will apply. You can register a trademark on a geographical location.

So the benefit of filing your trademark application as a word mark is that it allows you to protect that word. A trademark helps make your product or service distinct from others. Thus a brand name is a word or combination of words e. And while they were working on updating their ebook, amazon. Florida trademark service mark registration and use. There are 34 classes of goods and 11 classes of services recognized by the united states government, so your individual trademark has a good chance of making it if you avoid these toxic. Another example of common word phrases is you ve got a friend in the diamond business of shane company a national jewelry chain. A trademark is a recognizable insignia, phrase or other symbol that denotes a specific product or service and legally differentiates it from all other products. A trademark is a word, symbol, or phrase, used to identify a particular manufacturer or sellers products and distinguish them from the products of another. And there can be good reasons for choosing a place name as part of your trademark. You can trademark a word, phrase, symbol, or a combination of these. Trademark registration applications for nonenglish words present special challenges. Trademarks are words, phrases, symbols, or sounds that you.

A phrase, such as a slogan or tagline, can acquire value and play a major role in your businesss success, so its important to trademark any phrases you. A trademark owners protection as a result of such common law rights is. It depends upon how the word is used as a trademark. Also even if a word mark by itself cant be protected since it. Often a trademark becomes the common descriptive name of a. The importance of a trademark registration for a slogan or phrase. Corporate giants may be able to stop a few innocent entrepreneurs from using a common word, as a. Genericide of trademarks, the minding your business. Trademark examination at the uspto normally considers whether there are similar marks already registered that. Wikipedia is a registered trademark of the wikimedia foundation, inc.

If you have any questions concerning the registration of a mark, please contact the trademark registration section by calling 8502456051 between the hours of 8 a. Can i trademark a common word, used as a business or brand. Selling, bequeathing or transferring the ownership rights of your trademark. This article considers which acronyms can be registered and the benefits offered by registration. The appearance of the a common word open letter of 2007 was a landmark in muslimchristian relations and it has a unique role in stimulating a discussion. Most trademarks consist of a word or a logo, but acronyms are also popular as trademarks. Be sure to try the other search options for a thorough search. Introduction to a common word between us and you a common. Avoid these 8 toxic trademark mistakes entrepreneur.

Department of commerce the patent and trademark office. The responsibility to avoid infringement rests with you, and care should be taken in choosing a mark. Search the uspto trademark electronic search system to see if that word is already trademarked. Trademark on a geographical location the law office of. It is not the fact that this is a common word that is a problem for trademark use but rather it is whether the common word is primarily a common name of the goods or services on which it is used.

A trademark is a word, phrase, symbol, andor design that identifies and distinguishes the source of the goods of one party from those of others. You dont have to register a trademark to use it, but registration is a useful way to prove the trademark belongs to you. A trademark is any word, name, symbol or device or any combination. When you apply for a trade mark it is implied you are using, or intend to use, the trade mark in relation to the goods andor services in your application. See generally saul lefkowitz, double trademarking weve come a long way, 63 tmr 11 1983.

A service mark is a word, phrase, symbol, andor design that. When you trademark a phrase, you protect the words that represent your product or service. Florida trademark service mark registration and use division of corporations p. A trademark also written trade mark or trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source. There are a couple steps trademark owners can take to prevent the importation into the united states of counterfeit goods, graymarket goods, or goods that bear confusingly similar marks. Since federal registration isnt required, you should also search state databases, the internet, and other companies in your industry. Words or a logo or both in a trademark application. A trade name is the official name under which an individual as a sole proprietor or a company chooses to do business. Online resources evangelical lutheran church in america. This lecture, on the subject of faith and reason, had focused mainly on christianity and what pope benedict called the tendency in the modern world to exclude the question of god from reason. To their surprise, however, the answer is a resounding yes. The above are all extracts from the south african trade marks register. Trying to own a common word used within an industry as a trademark is a waste of time and money. A common word between us and you is a follow up to a shorter letter, sent in 2006, in response to pope benedict xvis lecture at the university of regensburg on 12 september 2006.