Can You Copyright a Made-Up Word?
The Scope of Copyright Protection
Copyright law provides protection for original works of authorship, such as literary, artistic, or musical creations. However, it does not extend to names, titles, slogans, or short phrases. Copyright protection applies to works that are fixed in a tangible medium of expression, but it does not cover individual words or short word combinations. Therefore, if you have invented a made-up word, copyright law does not provide a means to protect it.
Trademark Protection for Made-Up Words
Trademark protection is more appropriate for safeguarding a made-up word. Trademarks are used to protect words, phrases, designs, or combinations that identify goods or services, distinguish them from others, and indicate their source. When it comes to a made-up word, trademark protection can be sought to secure exclusive rights and prevent others from using similar marks.
Requirements for Trademarking a Made-Up Word
To trademark a made-up word, it must be in use in commerce in relation to goods or services. This means that you need to actively use the word in connection with your business activities. Simply inventing a word without using it in commerce would not qualify for trademark protection.
Distinctiveness of Trademarks
Trademarks can be inherently distinctive or acquire distinctiveness through secondary meaning. Inherently distinctive trademarks, such as fanciful or arbitrary words, are capable of strong protection. These are words that have no connection to the products or services they represent. For example, the word “Xerox” for photocopying machines or “Kodak” for cameras are inherently distinctive trademarks.
On the other hand, descriptive or generic words are less likely to receive trademark protection unless they acquire secondary meaning through use in commerce. Descriptive trademarks may become eligible for protection if they develop a secondary meaning in the minds of consumers, associating the word with a specific source of goods or services.
Conducting a Trademark Search
Before using a trademark, it is advisable to conduct a trademark search to ensure that there are no confusingly similar trademarks already in use. This search can be done by examining the trademarks registered with the United States Patent and Trademark Office (USPTO) or seeking assistance from a trademark attorney or search firm. Conducting a thorough search helps to avoid potential conflicts with existing trademarks and strengthens the chances of successful trademark registration.
Use in Commerce and Trademark Registration
Use in commerce is a requirement for trademark registration and establishes priority over subsequent users with the same or confusingly similar trademark. Once you have determined through a trademark search that the trademark is available for use, you should begin using the word in commerce to establish and protect your rights. Use of a trademark in commerce can include selling products or services bearing the trademark in multiple states or advertising the trademark across state lines.
Registering a trademark provides several advantages. Once a trademark is registered on the Principal Register, the trademark holder gains presumptive rights throughout the entire country. Other businesses are considered to be on “constructive notice” that the trademark is unavailable for use, which encourages them to conduct a trademark search before using a similar mark. Registration also acts as a strong deterrent to potential infringers and allows the trademark holder to pursue infringement actions in federal court.
Monitoring and Protecting Your Trademark
Trademark holders should actively monitor the use of their trademark to prevent infringement or weakening of the mark. This includes filing trademark oppositions with the USPTO to block the registration of similar trademarks and continuously using the mark in commerce. Failure to use the trademark may result in abandonment or cancellation of the trademark.
Conclusion
In conclusion, while copyright does not protect made-up words, trademark protection is more appropriate for safeguarding them. By using the made-up word in commerce, conducting a trademark search, and registering the trademark, you can establish and protect your rights over the word and prevent others from using a similar mark.
Sources:
- Broughan, Crystal T. “I Invented a Word. How Do I Trademark or Copyright It?” LinkedIn, https://www.linkedin.com/pulse/i-invented-word-how-do-trademark-copyright-crystal-t-broughan.
- Mandour, Intellectual Property Law. “How to Trademark a Word | How to Copyright a Word or Patent a Word,” Mandour & Associates, LLP, https://www.mandourlaw.com/how-to-trademark-a-word/.
- United States Patent and Trademark Office. “Trademark, Patent, or Copyright,” USPTO, https://www.uspto.gov/trademarks/basics/trademark-patent-copyright.
FAQs
Can You Copyright a Made-Up Word?
What is the scope of copyright protection?
Copyright protection applies to original works of authorship, such as literary, artistic, or musical creations. However, it does not extend to names, titles, slogans, or short phrases. Copyright protects works that are fixed in a tangible medium of expression, but it does not cover individual words or short word combinations.
Is trademark protection more appropriate for made-up words?
Yes, trademark protection is more appropriate for safeguarding made-up words. Trademarks are used to protect words, phrases, designs, or combinations that identify goods or services, distinguish them from others, and indicate their source. Trademark protection allows for exclusive rights and prevents others from using similar marks.
What are the requirements for trademarking a made-up word?
To trademark a made-up word, it must be in use in commerce in relation to goods or services. This means that the word needs to be actively used in connection with business activities. Simply inventing a word without using it in commerce would not qualify for trademark protection.
What is the distinction between inherently distinctive and descriptive trademarks?
Trademarks can be inherently distinctive or acquire distinctiveness through secondary meaning. Inherently distinctive trademarks, such as fanciful or arbitrary words, are capable of strong protection. They have no connection to the products or services they represent. Descriptive or generic words are less likely to receive trademark protection unless they acquire secondary meaning through use in commerce.
Is it necessary to conduct a trademark search before using a made-up word?
Yes, it is advisable to conduct a trademark search before using a made-up word. This search helps to ensure that there are no confusingly similar trademarks already in use. It can be done by examining trademarks registered with the United States Patent and Trademark Office (USPTO) or seeking assistance from a trademark attorney or search firm.
What role does use in commerce play in trademark registration?
Use in commerce is a requirement for trademark registration and establishes priority over subsequent users with the same or confusingly similar trademark. Once you have determined that the trademark is available for use through a trademark search, you should begin using the word in commerce to establish and protect your rights.
What are the advantages of registering a trademark?
Registering a trademark provides several advantages. Once registered on the Principal Register, the trademark holder gains presumptive rights throughout the entire country. Other businesses are considered to be on “constructive notice” that the trademark is unavailable for use, which encourages them to conduct a trademark search before using a similar mark. Registration acts as a strong deterrent to potential infringers and allows the trademark holder to pursue infringement actions in federal court.
How should trademark holders protect and monitor their trademarks?
Trademark holders should actively monitor the use of their trademark to prevent infringement or weakening of the mark. This includes filing trademark oppositions to block the registration of similar trademarks and continuously using the mark in commerce. Failure to use the trademark may result in abandonment or cancellation of the trademark.