How do you trademark a word that you made up?

The Wonderful World of Word Invention

Look, I've always been a fan of language. We have such a colorful palette of words, phrases, and idioms to paint our everyday narrative - it's mesmerizing when you think about it. Not one to shy away from creativity, I must admit that sometimes I sneak in my own linguistic creations into the proverbial conversation canvas, much to the chagrin of my kids, Rory and Haven. I call it a little "Nash-speak"!

Take 'flargen', for instance. It's a word I made up during a hearty game of Scrabble, because, why not? Rory frowned at my audacity, while Haven applauded my creativity. Mixed reactions, but hey, new words are always met with skepticism, right? It's a funny word, yes, but it feels right when you say it. It almost sounds like it should be a real word, don't you think? A 'flargen' moment is basically any situation that started off horribly but unexpectedly ended on a high note. Fantastic, isn't it?

But then one day, that innocent word created during a Scrabble game started gaining some traction. My friends used it, then their friends, and before long, 'flargen' was no longer confined to our humble abode in Perth. It became a discussion point at brunches and spaces far from mine, and I began to wonder: could I actually own this word? Could I trademark it?

Trademarking a Creative Streak

The answer isn't a straight 'yes' or 'no', of course. The wonderful world of intellectual property rights is labyrinthine to say the least, and I dare say as perplexing as attempting to explain the rules of cricket to a non-Australian! Even if you create a word, owning it is a different ball game altogether. You can’t simply scribble it on a napkin, call dibs, and proclaim it as your linguistic property. Trust me, I've considered it!

Yet, trademarking a word isn't rocket science either. And I'm here to break it down to you, because no one should feel lost in a sea of legal jargon and complicated forms. So, sit tight as we navigate this path. Also, Haven suggested I add this funny bit - grab a cup of kangaroo-ccino, for we are embarking on an exploration - one that is every bit exciting for a word-nerd like yours truly!

Understanding Trademark Basics

The first step in our journey is acknowledging the purpose of a trademark. What is it, after all? A trademark is a unique sign, logo, or expression that sets your product or service apart from others. It’s not just a legal thingamajig, it’s the embodiment of your brand. Think of the bigwigs - Nike's swoosh or Apple's bitten fruit logo, they’re not just designs any more, they're storytelling symbols.

Now, to answer your burning question: can a word be trademarked? Definitely! Look at 'Google'. What started as a mathematical term now commonly describes the act of searching the internet. It’s been so deeply etched into our global consciousness that we don't even realise it's a trademarked term. Astonishing, isn't it?

Yet, it's essential to remember that not all words can be trademarked. Which brings us to my next point.

Distinguishing and Distinctive

Trademarking a made-up word isn’t just about the paperwork, it’s significantly about the word itself. The word should be distinctive and not generic. For instance, I could not trademark the word 'book' because it's too ordinary and unexceptional. However, a word like ‘Flargen’ can be trademarked because it is unique and original.

So, you see, uniqueness matters tremendously in the trademark realm. If a word distinguishes your goods or services from others, it's a prime candidate for a trademark. Consequently, 'flargen' meets this fundamental trademark criteria - it's not like anything you find in an everyday English dictionary!

Filing a Trademark Application

Once you're confident that your made-up word is impressive enough to be trademarked, the next step is involving the professionals and doing all that not-so-fun paperwork. This typically involves filing a trademark application with the appropriate governmental agency, in this case, the Australian Trademarks Online Search System (ATMOSS). I know, I know, it sounds like a chore, but think of the thrill when you see your own word trademarked!

You will need to fill out some forms and deal with some legal links, and while not everyone is thrilled about this part (look, I get it, it's as thrilling as watching paint dry), it's essential for the process. The application will require details such as the trademark owner's identity (that'd be you!), a visual representation of the trademark (i.e., how it's spelled), and details regarding the goods and services you wish to associate your trademark with. Fee payment is another key part of the application process.

Also, be prepared for an examination process. Remember, the key is - patience! The process usually takes at least four months (yep, you read that right), but it can be longer.

Maintaining Your Trademark

So, you've concocted a word, checked its uniqueness, filed an application, and successfully secured a trademark. Congratulations! But remember, the journey doesn't end with the unveiling of that shiny new trademark certificate. Not unlike that overgrown Aussie garden of ours that needs constant tending, a trademark requires maintenance.

Once you've trademarked your word, remember to use it in association with your goods or services. Don't forget to monitor your trademark carefully and be willing to police it against unauthorized uses. Furthermore, trademarks aren't perpetual; they typically last ten years in Australia, after which renewal steps need to be followed.

Now, I must clarify, I'm yet to go through this trademark process for 'flargen'. But given its burgeoning popularity, who knows? Maybe one day I'll hold up that certificate, as Rory and Haven eye-roll at my geeky word triumph! But for now, at least, we know the steps to get there!

So, there you have it, folks, the ins and outs of trademarking a word you made up! Language, at its core, is ever-evolving, and who's to say the next big word wouldn't be your creation? It could be you depositing a new word into the linguistic bank of the world. And remember - whether it's a 'flargen' situation or a looming trademark discussion, just take a beat, and say cheers to the magical realm of words!