Category: Word Choice

Ooh! A legal minefield! Can you trademark a word? The answer is actually, “Yes!”—but not just any word. If you invented it and use it to identify your goods or services, you can. There are many examples of this, along with cases where challenges to trademarked words have succeeded.

One Big Trademark Success

To look at an example of a trademarked word, let’s consider “Peppadew.” Once upon a time, these members of the capsicum family were just called “sweet bell peppers.” Nobody got excited about them until a man from South Africa started bottling them under the new name “Peppadew.”

Here’s the most fascinating part: now that everyone knows what a Peppadew is, hardly anyone realizes it’s essentially a sweet bell pepper, bottled using a specific recipe. You can bottle sweet bell peppers using the same method, but if you use the word “Peppadew” without permission, you’re infringing on their trademark.

Is it clever? You bet! And one South African is laughing all the way to the bank, likely humming a little Peppadew song.

One Big Trademark Fail

South Africa features in this story once again, but this time, the attempt to trademark a word didn’t go so well. In this case, someone took a big risk by trying to trademark a word they didn’t invent—they borrowed it. We’re talking about Rooibos tea.

The plant from which Rooibos tea is made originates in South Africa, and the tea has a distinctive red color. In Dutch, “rooi” means red, and “bos” means bush, so for centuries, this tea has been known as Rooibos, or red bush tea. As it started catching on in Europe for its caffeine-free benefits and pleasant flavor, someone in the US noticed the trend and trademarked the name “Rooibos” there.

As Rooibos grew in popularity, other importers tried selling it, only to discover they were breaching intellectual property laws. Fortunately, it was easily proven that Rooibos tea had always been called Rooibos, and the trademark dispute was promptly overturned.

Regional Fury

Have you ever sipped port wine, enjoyed feta cheese, or had a nice glass of Burgundy? A fierce debate erupted over these regional delicacies as imitation products began appearing worldwide.

Portugal objected to other countries marketing port wine under the name “Port,” which comes from the region where it was originally produced. Greece insisted that, as the originators of feta cheese, no one else should use the name “feta” for their cheese. Similarly, Burgundy residents argued that no imitation wine should be called after their region, and the list goes on.

This debate is still ongoing, and you may sometimes see compromise names like “Danish-style Feta.”

Can You Trademark a Word Everyone Already Uses?

If you’re hoping to become an overnight millionaire by trademarking the word “and” or some other common word, I’ve got bad news: it’s not going to happen. To trademark something, you must prove you invented or created it and that it uniquely identifies your goods or services.

Intellectual property rights can only be obtained for something distinctive and original, not for words in common use. Ideally, if you invent a great word, you should also trademark it. This way, you have full legal protection if someone tries to steal it. Ever wondered why companies often deliberately misspell words when branding a product? Now you know the answer! If it’s different and you were the first to think of it, it can become your intellectual property.

Using Common Words or Phrases as a Trademark

Here’s something cool: if you have a distinctive product, you can take an ordinary word or phrase and turn it into a trademark. The catch? An unrelated product can use the same word or phrase without breaching trademark law, as long as it’s for a completely different type of product.

Different Types of Intellectual Property

1. Invented Words: If you invented a word, it’s yours—so long as you can prove you were the first to use it and that it uniquely identifies your goods or services.
2. Trademarks: You can borrow a word and apply it to a specific product, registering it as a trademark. While this differs from copyright, the effects are similar. However, someone else could use the same word for a different product.
3. Patents: Patents protect inventions from being copied. If you invented a new device called a “Fun-o-Meter” and patented it along with your invented word, no one else could use that word in connection with the patented device.

In Conclusion: Can You Trademark a Word?

Yes, you can! Just make sure it’s a new word, and that you have proof you created it and that it uniquely identifies your goods or services.

Precise word choice and syntax is important when writing for a broad audience, as it increases the potential for a greater number of readers to understand the writer’s message. Writers also need to be aware of the expectations of specific target audiences in relation to the language they use. The selected writing style, genre and/or medium will guide writers in appropriate word choice and syntax. Academic or scholarly writing, for instance, is more formal and impersonal than other styles, so the writer’s word choice and syntax needs to meet the expectations of an academic audience. Writers can improve the clarity and conciseness of their writing by adhering to the guidelines for a particular writing style and being aware of commonly confused words.

There are many pairs or groups of words in the English language that are commonly confused because they are spelt or pronounced similarly, but they have different meanings. These are called: homonyms. There are also homophones, which are words that have comparable meanings, but are not similar in how they are spelt or pronounced. When these words are used incorrectly in a sentence they can cause misunderstanding.

Listed below are ten commonly confused words in the English language.

Homonyms

Who or whom

These two words are confusing because they are both used to describe actions related to people. The easiest way to remember how to use each of these words correctly is to use “who” when the person is doing the action and “whom” when the action is being done to a person.

Affect or effect

“Affect” is to cause change and “effect” is the result of that change. For example, intoxication affects driving ability. There are many harmful effects of drinking and driving.

Although or while

These two words are often used interchangeably as linking words to show relationships between ideas, but to ensure clarity for the reader,  “although” should used to contrast two ideas, and “while” should be used to indicate two opposing periods of time.

Adverse or averse

“Adverse” means unfavourable, harmful or antagonistic and is often used to describe conditions or effects. “Averse” is almost exclusively used to describe a strong oppositional opinion.

Accept or except

“Accept” means to agree or willingly take something that is offered. “Except” suggests exclusion or not belonging to the group.

Homophones

That or which

“That” is used when what follows is necessary to understand the meaning of the sentence.  “Which” is unrestrictive meaning that the information that follows is an aside or nonessential.

Infer or imply

“Imply” is when a person provides hints or makes suggestions when they construct texts, and “infer” is when readers deduce meaning from texts.

Whether or if

“Whether”, or sometimes “whether or not”, is used to indicate a choice between alternatives. “If” is often used conditionally, meaning that whatever follows the condition is dependent.

Presently or currently

“Presently” means soon and “currently” means now. In British English, presently can mean at present. This isn’t the case in American English, where – in most cases – it means “shortly”. Presently can have that meaning in British English, too. If you are based in the U.S. and want to say that something is happening right now, it’s better to use “now” or “currently”.

Since or because

“Since” refers to the time between the present moment and the referenced past event. “Because” is used to demonstrate the causation or causal relationships.

Additional resources

Two essential desk reference titles that offer clarification on confusing words are: The Right Word: Making Sense of the Words That Confuse by Elizabeth Dorothy Morrison and The Careful Writer by Theodore M. Bernstein.