Can common words be Trademarked?

March 25, 2009
Intellectual Property News and Interesting Facts

Fortunately we are protected regarding common words to be trademarked. The law states that only identifying names or slogans can receive trademark protection. Arbitrary names are names which don’t have any bearing on the product and are something imaginative.

The name is branded by association. Descriptive names will get protection as to the secondary meaning associated with them while generic names rarely ever get trademarked successfully.

You will be able to trademark alphabet letters if they fall in the arbitrary category or when they give meaning because of association such as MG. Names of fruits for instance, will be difficult to trademark if done so as descriptive.

As a farmer exporting lemons you will not be able to get the word lemons trademarked as the word is commonly used to describe the fruit.

It will hinder normal business activities and as such afford you protection while infringing on the rights of others.

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Contact Details for Smit & Van Wyk

Tel:
+27 (0) 12 349 7800

Fax:
+27 (0) 86 619 0493

E-mail:
enquiries@svw.co.za

Physical Address / Courier
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa

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