Can You Trademark a Common Word?
Apple, Amazon, and Shell prove you can trademark a common word — as long as it does not describe what you sell.
Free Trademark Search →When is a common word trademarkable?
A common word becomes a strong trademark when it is arbitrary for the goods — used in a way unrelated to the product. Apple for phones and computers is arbitrary because apples have nothing to do with electronics. The word is common, but its use as a brand for that category is distinctive, so it qualifies for strong protection on the Principal Register.
When can you not trademark a common word?
You cannot register a common word that is generic for your product — you cannot trademark Milk for milk. You also generally cannot register a word that merely describes a feature or quality, unless it has acquired distinctiveness. The closer the word is to describing what you sell, the weaker or more unregistrable the mark becomes.
How do you protect a common-word brand?
Pick a word that is unrelated to your industry, run a clearance search to check for conflicts in your class, and file federally to lock in nationwide rights. Because common words are often already in use, a thorough search is essential. Secure Mark USA can search availability and file your application to secure the strongest protection available.
Ready to protect your brand?
Secure Mark USA is a private USPTO trademark filing service (not a law firm and not the USPTO). Filing starts from $99 plus the $350-per-class USPTO fee.
Start Your RegistrationKey takeaways
- A common word can be trademarked when it is arbitrary or fanciful for the goods.
- Generic and merely descriptive uses of common words cannot be registered.
- Apple for electronics is the classic arbitrary-mark example.
- A clearance search is essential because common words are often already used.
- Secure Mark USA files applications from $99 plus the $350-per-class USPTO fee.
Frequently asked questions
Can two companies trademark the same common word?
Yes, in unrelated classes where confusion is unlikely, the same common word can be registered by different owners.
Why can I not trademark a generic word?
Generic terms name the product itself, so granting exclusive rights would unfairly stop competitors from describing their own goods.
Does a common-word mark offer weaker protection?
Only if it is descriptive; an arbitrary use of a common word is among the strongest, most enforceable types of marks.
Do I still need a search for a common word?
Absolutely. Common words are frequently in use, so a clearance search in your class is critical before filing.
Is Secure Mark USA a law firm?
No. Secure Mark USA is a private USPTO trademark filing service, not a law firm and not affiliated with the USPTO.
Helpful resources
Trademark Registration · Free Trademark Search · Trademark Renewals · USPTO Trademark Classes · Trademark Consultancy
Start your trademark the smart way
Run a free search, then file with Secure Mark USA from $99 plus the $350-per-class USPTO fee.
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