Can a word be trademarked (ex. door, computer, answers, camera)?

Question

When registering domain names on the internet, I've been apprehensive about registering domain names which already seem to exist like chefs.com (say I'd want to do chefs.eu). While chefs.com can be a trademark, it seems unreasonable that a word such as chefs could be trademarked. After all, it's simply a word and what is to stop someone from trademarking "door, printer, telephone, or air". I'd like to register some domain names, but due to litigation concerns, am fearful to do so. Any opinion on the this subject about trademarks?

Thank you in advance!

Answer 1

Well, yes & no is really the only way to answer your question. Trademark law is full of grays & not much in the way of concrete answers. The basic function of trademarks is to provide the applicant the exclusive rights to the name (or logo or slogan) within their particular industry.

Let me give you a couple of examples:

NO: The likelihood of an applicant being able to trademark the word DOOR if they're selling doors or COMPUTER if they're selling computers & so on and so forth is slim to none. The reason being is that those words are merely describing the intended products/services.

YES or MAYBE: Now say that same applicant is using the word DOOR for his restaurant services or the word COMPUTER for her clothing line. Now, the chances of obtaining that trademark just went up because the intended products/services have nothing to do with the name itself. In other words, when the average consumer hears the word DOOR or COMPUTER, they're not automatically going to associate it with a restaurant or a clothing line, respectively.

Of course, all of the above should NOT be seen as a clear cut answer. Without knowing further the details, it's going to be impossible for anyone to point you in a better direction. The above is, however, a good guideline in how to think about trademarks & how they work. Contact a trademark search company or a trademark attorney for help with your particular situation.

I posted some links below that should assist you further. Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

Yes - a word can be trademarked. Beware - it will be trademarked within a class code that will limit protection from any competitors using the word within that class.

For a former employer I suggested that we trademark the phrase "the Usual" (as in: "Hey, bartender - I'll have The Usual"). It was a phrase to be used in conjunction with a single digit number in the restaurant online ordering industry to represent a pre-defined order that someone could place with ease. "The Usual" is trademarked as follows:

Word Mark THE USUAL
Goods and Services IC 035. US 100 101 102. G & S: order-
taking services for others in the field of restaurant take-out and delivery. FIRST USE: 20050201. FIRST USE IN COMMERCE: 20050401
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Design Search Code
Serial Number 78350164
Filing Date January 9, 2004
Current Filing Basis 1A
Original Filing Basis 1B
Published for Opposition November 2, 2004
Registration Number 2984174
Registration Date August 9, 2005
Owner (REGISTRANT) Universal ATM Network, Inc. CORPORATION CALIFORNIA 2637 Alta Arden Expressway Sacramento CALIFORNIA 95825
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

As for litigation concerns - the only fear we had was that we would spend the money for the trademark and it would be denied. After the trademark was registered - a competitor used "The Usual" in advertising. The trademark owner declined the opportunity to sue - as was his perogative.

Any cost for litagation would be a choice you could/would make at the time someone infringes on your trademark!

If this doesn't clear up your questions, feel free to contact me.

Good Luck.

Answer 3

Yes. Kodak is trademarked. Re: internet, I suggest you seek the advice of a lawyer.

Answer 4

all the time... but only in a particular context.

apple computer
apple corp
apple pie