discuss It Seems That Facebook’s Got A Trademark For The Word “BOOK” !!!

No, Facebook does not have a trademark for the word "BOOK".

Yes, common words can be trademarks. Are you not aware of any of the following trademarks?

APPLE for computers. As a generic word for a fruit, it is not a trademark, but it is a famous trademark for computers.

TIDE for detergent. As a generic word for what the oceans do every 12 or so hours, it is not a trademark. But it is the leading brand of laundry detergent in the US.

COKE for a beverage. As a processed coal fuel, or a common word for cocaine, it is not a trademark. But it is probably one of the most recognizable trademarks on earth for a beverage. Even COCA-COLA just a combination of the names of two plant extracts, coca and cola, from which it was originally made. That one started out as purely descriptive, but became distinctive over time with consumer recognition.

BUD for beer. As a short name for 'buddy', or as the sprout of a flowering plant, it is not a trademark. But it is one of the most famous beer trademarks in the US.

AMERICAN, UNITED, DELTA, or VIRGIN? All common words, and all trademarks for airlines.

MONSTER for an energy drink.

Have you really never heard of any of those well-known brands?

blue crystal said:

I thought that common names cannot be trademarked.

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Take a look around you at the trademarks you encounter in your daily life.

I'm always surprised at how many people say "dictionary words can't be trademarks" but somehow manage not to notice any of the trademarks which they see over and over again.

I understand TMs are relative. As per the example above, if you had a domain related to the word apple and sold computers, you'd be screwed however if you talked about the benefits of apples, you would be fine. That is my understanding to TMs however appreciate they are a legal minefield and I am clearly no way an expert haha.

jamesosix said:

I understand TMs are relative. As per the example above, if you had a domain related to the word apple and sold computers, you'd be screwed however if you talked about the benefits of apples, you would be fine.

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Yep. That's fine for what are called "arbitrary" marks - i.e. dictionary words used as marks for things for which the word is not itself generic or descriptive.

If I remember well, I read two or three articles saying that common words cannot be trademarked.

Now, after reading many arguments and their evidence, it seems to me, that this statement would be correct only if accompanied by the right caveat:

Common words cannot be trademarked only if they are linked to a commerce that directly relates to its meaning, but not to a commerce that is not.

For instance, you cannot trademark the word “apple” in the trade of fruits ( direct link ) but you can trademark it in the trade of computers, hotels, cars, etc.

Am I getting it right this time ?

Not only can common words be trademarked, but there can be multiple registrations per term. This congestion is called "parallel registrations" by Harvard Law.

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