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Home Q&A Forum Can I trademark a phrase that includes a common word?

Intellectual Property

Trademark Application

New York

Asked on Jun 20, 2024

Can I trademark a phrase that includes a common word?

I am in the process of starting a small business selling handmade jewelry, and I have come up with a catchy phrase that I want to use as my brand name. However, the phrase includes a word that is commonly used in the industry. I am unsure if I can successfully trademark this phrase, as I have heard that trademarks cannot be registered for generic or descriptive terms. I would like to know if it is possible to trademark this phrase and what steps I need to take to ensure the best chance of success in the trademark application process.

1 Attorney answer


Intellectual Property

New York

Answered 29 days ago

Damien B.

ContractsCounsel verified

Business Lawyer
Licensed in New York
Free Consultation

Hello! This is Attorney Damien Bosco. My law office is in Forest Hills, Queens County, New York City. My practice covers the New York City metropolitan area and Long Island. In some situations, I also handle matters throughout New York State. If your phrase contains common jewelry terms, registering it may be challenging. One suggestion is to check the USPTO Database for similar trademarks. If other businesses have brands using the same common word in their brand name, that could give an indication that you may still be able to use it in your brand name. Nonexclusive use means that the word or phrase can be used by other parties and is not solely owned or controlled by the trademark holder. Consult with a trademark attorney for guidance on the registration process and the viability of your chosen phrase.

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