How to Trademark a Brand Name that Includes a Common Dictionary Word

A trademark legally protects names, logos or symbols which helps people in identifying a product or service. This trademark protection stops other businesses from illegally using similar names that can confuse customers. Many times, new businesses choose simple and easy to remember names and usually these names come from everyday dictionary words. Example- “Apple” is a common word, but now it is known all over the world as a big technology brand.

Registering a trademark for a common word is not that easy. Offices like the United States Patent and Trademark Office (USPTO) or Intellectual Property India (IP India) need proof that the word is used in a different way that is not merely descriptive of the product or service. This article will guide you on how to trademark a brand name that includes a common word.

Why Trademarking a Common Word is Challenging

Trademark law doesn’t allow people claim ownership over words that everyone needs to use. For example, if a person or company was allowed to have word “milk” as a trademark for milk products, then other companies wouldn’t be able to use the word “milk”. And that would be unfair, because milk is a common word that everyone uses. So, the law says:

• You can’t trademark General terms.

• You can’t easily trademark Descriptive words (like “Fresh” for juice or “Sweet” for chocolates) unless they are strongly connected with your brand only.

• Suggestive, arbitrary, or fanciful words are easier to trademark.

How Companies create brands by choosing common name

Choosing a common name for a brand is clever move, but it is important to understand the implications how to do it. Many famous brands use common words in different context:

· “Apple” is a fruit but used for a tec company.

· “amazon” is a river but used for an online shopping store.

· “dove” is a bird but registered for a soap.

These words don’t describe what the product exactly is. They get noticed because we know them but they are used in a different way.

Steps to Trademark a Common Dictionary Word

1. Select a name and your Product/Services

Select the word you want to use as your brand name and make sure it doesn’t directly describe about your product and has a unique meaning.

For example:

Word- Apple

Product- Software and services

It works, because Apple doesn’t describe tech.

2. Trademark Search

Before applying for trademark check if someone is already using the word for a similar product.

For this go to your country’s official trademark databases and search for your chosen word. Make sure it’s not already in use.

3. Identify the correct class for your product

Trademark is categorised in different groups based on what you are selling.

• Class 25 → Clothing

• Class 9 → Electronics

• Class 30 → Food products

You must choose the correct class for your product in order to protect your brand in future.

4. Preparing and filing the application

For this you’ll need to give:

· the word you want as your mark

· the description of your product and it’s distinctiveness

· class of your product

· proof that you are using it or planning to use the name

· your details

Once it is confirmed that your selected name is available you can apply online through official trademark databases. You’ll have to pay the prescribed fee for the filling of trademark.

5. Trademark examination and its publication

Trademark examiner will check whether your mark is unique or if it is confusingly similar with another trademark and your application is complete or not.

If it is accepted it will be published in trademark journal. During publication if other finds your mark similar to their mark, then they can oppose.

6. Registration and renewal of trademark

If no one opposes your mark or if it is successfully defended, the trademark will get registered. You have to maintain a trademark properly otherwise it may lose its legal protection and for this renewal is required to keep protection active.

Common Mistakes to Avoid

· Choosing a name that describes your product is generally considered as a weak trademark. It’s difficult to protect legally and it blends in with other similar products.

• Before choosing a brand name it is important to check whether it is already in use or not. Skipping this step can lead to future disputes or trademark rejection.

• Just because you register your mark with a govt. agency doesn’t mean you have trademark rights.

For better trademark protection

· Select a different name that doesn’t describe your product.

· Design a creative and unique logo for your brand.

· Save proof of how you advertise your brand it will help you to show how your brand is unique from others.

· If possible, hire a trademark attorney for this it helps a lot.

Conclusion

You can trademark a common dictionary word but only if you use it in a unique way. Brands like Apple, amazon show regular words but became strong trademarks if used in a right way or in a unique way.

For new business, the steps are choosing a name, check if it is already taken, select the right category, file your trademark application, and defend it when needed. With the right steps, even simple words can be registered as trademark and can become brand names.