Key Takeaways

  • You can trademark a word in the dictionary, but only if it is distinctive and used as a brand identifier, not merely as a description.
  • Trademarks fall into categories (fanciful, arbitrary, suggestive, descriptive, and generic), with fanciful and arbitrary marks offering the strongest protection.
  • Common or descriptive words may only be trademarked if they acquire “secondary meaning” by becoming strongly associated with one brand.
  • Trademark rights are limited to specific goods and services, meaning others can use the same word in unrelated industries.
  • Invented words, creative variations, and unique uses of dictionary words greatly increase the likelihood of successful trademark registration.

"Can you trademark a word in the dictionary," is a question some entrepreneurs may ask if the word is part of their trade name or a unique part of their company. Companies can use words, phrases, and images to make themselves distinguishable from the competition. These phrases, names, and titles can even include words that come from the dictionary. When properly trademarked, these words will be protected under trademark law.

When you register your word with the appropriate state agencies and the U.S. Patent and Trademark Office, you will obtain additional protection of your trademark both in state and federally. You can also use the variation of a word to take advantage of the opportunity, though this can sometimes cause problems during the process.

Being able to trademark a word or the variation of the word will largely depend on the likelihood that it can be confused with a current trademark. If the word is a variation of a common term that makes it a unique identifier to the line of goods or services, then the likelihood of achieving a trademark increases. Typically if the variation only changes the spelling, it may not fare as well.

Trademark Categories

When submitting a trademark, it will be placed in one of four primary trademark categories. These categories are:

  • Fanciful or arbitrary marks.
  • Suggestive.
  • Descriptive.
  • Generic.

The trademarks that are usually considered the strongest are those in the fanciful or arbitrary category. Fanciful marks refer to marks that are invented and have no known meaning. An arbitrary mark refers to actual words that have no real association with the marked product or service. An example of a fanciful trademark would be Xerox, and an arbitrary one would be Apple.

Some category examples would be:

  • Generic - Computer for computers.
  • Descriptive - Green for apples.
  • Suggestive - Chicken of the Sea for tuna.
  • Arbitrary - Apple for computers.
  • Fanciful - Kodak for camera equipment.

There is a chance that a word violation could count as both an arbitrary or fanciful mark. For example, a company could use the name Gorilla Gourmet as an arbitrary mark, but use other variations such as G'rilla Gourmet using a play on the word grill. This would make it both arbitrary and fanciful.

Distinctiveness and Secondary Meaning

When trying to trademark a word, distinctiveness is the most important factor. A highly distinctive word is easier to trademark and protect. Common or descriptive dictionary words often face challenges because they describe a product rather than identify its source. However, if a descriptive term develops a strong association with a single brand over time—known as “secondary meaning”—it may qualify for trademark protection. For example, “Sharp” as a brand name for electronics has acquired recognition beyond its ordinary meaning.

Variations in Other Categories

Two other types of marks are suggestive marks and descriptive marks. With a suggestive mark, the trademark will not necessarily describe the product or qualities of it, but it suggests it. Variations of suggestive marks are often used to have the mark stand out as a name instead of a phrase, such as substituting the letter "n" for "and."

Trademarks can also be categorized as descriptive marks. These marks are considered weaker as they simply describe the goods or services they represent. These trademarks often fail to gain the legal status of a trademark.

Limits of Generic Words

Generic dictionary words cannot be trademarked because they are necessary for everyday language use. A company cannot monopolize words like “bread” for baked goods or “computer” for computers. Allowing such protection would unfairly restrict competitors and confuse consumers. Instead, businesses must ensure their word is used in a way that identifies the brand, not just the product type.

Variations of Existing Marks

Some companies will try to play off of their competitor's ideas by creating trademarks that are variations of another company's original trademarks. This is done to try to make the buyer think that the products or services being sold are an established brand even though the goods are actually knocked-off. In this case, the company using the variation may be liable for damages for trademark infringement.

Case Examples of Trademarked Words

There are many examples where dictionary words have been trademarked successfully because of their unique application. For instance:

  • Apple – trademarked for computers, though it is a common fruit.
  • Amazon – trademarked as an e-commerce brand, despite being a geographical term.
  • Peppadew – a coined name for a type of pepper that transformed a generic product into a recognizable brand.

These examples show that context matters. The same word may be generic in one industry but distinctive in another.

Exclude Competitors

Since a trademark is to distinguish and identify certain products from others, the mark must allow consumers to identify certain products or services by the mark. Even if you have a trademark, it will not grant you exclusivity to use the word in all circumstances. You can only exclude the competitors from using the mark when it is for similar goods and services. This is so that consumers can tell the difference between the two companies when purchasing a product.

Public Policy Considerations

Trademark law balances private rights with public interest. The U.S. Patent and Trademark Office (USPTO) avoids granting trademarks that would give one company unfair control over language. For example, granting exclusive rights to common phrases such as “Save the Earth” or “Best Quality” could block others from communicating similar ideas. As a result, applicants must demonstrate that their use of the word is not merely ornamental or informational, but truly functions as a brand identifier.

Invented Words

Since distinctive trademarks can sometimes hold the most weight, invented words such as "Pepsi" and "Exxon" are words created by companies' owners. Using invented words can be beneficial as it allows the business to expand beyond common use and improves their chances of finding a distinctive enough word to trademark.

You also have the benefit of being able to make up the meaning of the word as well. This can allow you to tie it in with your products and services. Additionally, you won't have to worry about any alternative meanings that could be conflicting.

Strategies to Successfully Trademark a Word

If you want to trademark a word in the dictionary, consider these strategies:

  • Choose an arbitrary application – Use a common word in an unrelated industry (e.g., “Dove” for soap).
  • Modify spelling or presentation – Creative alterations like “Lyft” instead of “Lift” can help.
  • Develop secondary meaning – Build strong brand recognition through long-term marketing and consumer association.
  • Pair with logos or stylized fonts – Sometimes trademark protection is easier to secure for a word combined with a design element.

These approaches can transform even simple dictionary words into powerful, protectable trademarks.

Frequently Asked Questions

  1. Can you trademark any word in the dictionary?
    No. Only words that are distinctive and used as brand identifiers can be trademarked. Generic terms cannot receive trademark protection.
  2. What does “secondary meaning” mean in trademarks?
    It refers to when a descriptive word gains public recognition as identifying a specific brand rather than just describing a product.
  3. Can two companies trademark the same dictionary word?
    Yes, if they operate in unrelated industries. For example, “Delta” is trademarked for both airlines and faucets.
  4. Why can’t generic words be trademarked?
    Generic terms are essential to public use and competition. Trademarking them would give unfair monopoly over everyday language.
  5. Is it easier to trademark an invented word?
    Yes. Invented or fanciful words like “Kodak” or “Exxon” are highly distinctive and almost always qualify for trademark protection.

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