How a Medical Device Business Hired a Lawyer to Prepare & File a Trademark application in New York

Short answer: probably not. It is best to consult with an experienced trademark attorney regarding this and the USPTO process for trademark usage.

Hello! Yes, you can trademark a phrase that includes a commonly used word, but there are specific considerations. In trademark law, the distinctiveness of the phrase as a whole is what matters. A commonly used word on its own might not qualify for trademark protection if it is way too generic or descriptive. However, when combined into a unique phrase that consumers could associate with your brand, it can become eligible for trademark protection. Here’s an example: Suppose your phrase is “Boldly You” for a clothing brand focused on self-expression. While “Boldly” and “You” are both commonly used words, the combination “Boldly You” is unique and could be distinctive enough for consumers to recognize it as representing your brand, especially if it isn’t merely describing the products directly. Nevertheless, make sure your phrase has a unique or distinctive character that is more than just descriptive of the clothing products you plan to sell.. Best of luck, Dolan