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Can a company trademark a common phrase or word?

Florentino Pepler

Yes, a company can trademark a common phrase or word. However, it is not as simple as one would think. Trademark law is complex and the process of obtaining a trademark can be both time-consuming and costly.

Trademarks can be categorized into two types - descriptive and distinctive. Descriptive trademarks are those that describe the product or service being offered, such as "Green Lawn Mowing Service". These types of trademarks are usually difficult to obtain as they are too common and most likely already in use. On the other hand, distinctive trademarks are unique and catchy, such as "Apple" or "Google", and are easier to obtain.

If a common phrase or word is to be trademarked, it must pass the two-part test. The first part of the test is to determine if the phrase or word is distinctive enough to be trademarked. The second part of the test is to determine if the phrase or word will cause confusion among consumers.

For example, the phrase "Just Do It" is a registered trademark of Nike. The phrase is distinctive and has become synonymous with the brand. It has been in continuous use for over 30 years and has become instantly recognizable.

Another example is the word "Coca-Cola". The word is distinctive and has been trademarked since 1887. Coca-Cola has gone through many trademark battles over the years, and has successfully defended its trademark against many imitators.

In summary, a company can trademark a common phrase or word if it meets the two-part test. The phrase or word must be distinctive and not cause confusion among consumers. However, obtaining a trademark can be a complicated process that requires a lot of time and resources.