Practical · 2 min

Can you trademark a common word?

Usually yes, and the reason is the one thing people never check: what the word means for your goods, not what it means in general.

General information about U.S. trademark law, not legal advice about your situation. LaunchTime IP is software, not a law firm.

The question is asked the wrong way round. Whether a word is common has almost nothing to do with whether you can own it. What matters is the relationship between that word and what you sell.

APPLE is about as common as English gets. It is also one of the strongest trademarks in the world, because an apple has nothing to do with a computer. The same word, applied to fruit, is unregistrable by anybody, forever.

The spectrum, applied to your goods

Every mark sits somewhere on a five-rung ladder, and the rung is set by the word plus the goods together, never by the word alone:

So the question to ask about your common word is not how common it is. It is: does this word describe, or even hint at, what I am selling? The further from the product, the easier the path. The full version of this argument is in the distinctiveness spectrum.

The crowded field problem

Common words attract a second issue that has nothing to do with descriptiveness. If many different owners already use the same term in that field, the term sits in a crowded field, and every mark containing it gets narrow protection.

This cuts both ways, which is why it is worth understanding rather than fearing. The earlier owner cannot easily stop you, because their own scope is narrow and buyers already distinguish a dozen similar marks by small differences. But you will not be able to stop the next entrant either. You share the word with everyone already using it in that field.

Whether that is acceptable is a business decision. If the name only needs to identify you, it may be fine. If you expect to police it, it is a poor foundation.

What actually helps

The short version

Common words make excellent trademarks, on one condition: they must be common somewhere other than your own aisle. Check the word against your goods rather than against the dictionary, and check whether the field is already crowded, and you will know most of what you need before filing anything.

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