Recent Answers to Trademark Application Law Questions

Sara S.

Answered Jul 18, 2025

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

Dolan W.

Answered Nov 5, 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

Meghan T.

Answered Aug 30, 2024

Hi! Trademarking a common phrase can be difficult. Trademark law prioritizes distinctive, unique marks that clearly distinguish goods or services. Generic, widely-used phrases often lack this distinctiveness, disqualifying them for trademark protection. However, a common phrase can acquire secondary meaning. This happens when it becomes so closely associated with a specific brand or product that it has unique significance in consumers' minds. For instance, if a phrase has been used extensively and exclusively for a product and is well-known, it might qualify for trademark protection. To increase the chances of successfully trademarking a common phrase, demonstrate secondary meaning. This involves providing evidence of: Long-term, continuous use of the phrase Significant marketing efforts to promote it Consumer recognition of the phrase as associated with your brand Distinct branding elements linked to the phrase The eligibility of a common phrase for trademark protection depends on specific circumstances and the jurisdiction.

Damien B.

Answered Jun 21, 2024

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.

Holly T.

Answered Jun 17, 2022

You can look to NCnonprofits.org for basic info, but you are a growing content creator. You need help planning growth, content, releases and waivers, sponsorships and a trademark if you intend to grow this Podcast. TLCtrademarks loves advising content creators.