Home Q&A Forum Can I trademark a phrase that includes a commonly used word?
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Trademark

Trademark Application

California

Asked on Oct 21, 2024

Can I trademark a phrase that includes a commonly used word?

I am an entrepreneur looking to start a clothing brand, and I have come up with a catchy phrase that I believe would be a great fit for my brand. However, the phrase includes a commonly used word. I am wondering if it is possible to trademark this phrase, considering the presence of the commonly used word, and what steps I would need to take in order to do so.

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Answer

Trademark

California

Answered 566 days ago

Dolan W.

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September 8, 2024

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

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