Most frequently used words in registered trademarks: Comparison by NICE classes

The data gathering stage took place in July 2024, at which time a total of 8,645,791 trademarks were registered by six intellectual property offices included in this analysis, namely USPTO, UKIPO, EUIPO, CIPO, AUIPO and IPONZ. For each of the intellectual property office, a targeted search was run to uncovered the number of registered trademarks which contain the most frequently words. The list of the most frequently used adjectives was derived from Syllable Count. Absolute values as well as percentages were calculated for individual classes of goods and services, intellectual property offices and consequently summarised in this report.

The word "new" represents the single most frequently used adjective in brand names, with 20,855 trademarks registered across the United States, the United Kingdom, the European Union, Canada, Australia and New Zealand containing this particular word. Green (18,107), good (16,042), black (14,445), red (13,577), easy (12,476), big (12,135), real (11,994), fresh (11,859) and light (11,302) complete the top 10 in the most frequently used brand names.

Overall, 370,000 registered trademarks (4.29% out of a total of 8,645,791 trademarks registered in the United States, the United Kingdom, the European Union, Canada, Australia and New Zealand) contain one of 100 most frequently used adjectives examined.

Table 1 below provides a summary of the 100 most frequently used words in registered trademarks.

Table 1: Comparative overview of the most frequently used words in registered trademarks by NICE classes

Distinctiveness, or the ability of a trademark to clearly distinguish one's products or services from other competitors, represents a key criterion influencing both the ability to register a trademark and the scope of brand protection provided by trademark registration. You can learn more about distinctiveness in our Trademark Academy. The very fact that a given word is commonly used among registered trademarks suggests that this particular word cannot be considered to represent a distinctive element. This is also evident from the reviewed trademarks which included other elements to enhance distinctiveness, either other textual elements or graphical elements (i.e. logo). In general terms, common words and words describing the quality or characteristics of the product or service itself cannot be effectively protected through trademark registration. An exception to these limits of including common words in a trademark can be found in the context of acquired distinctiveness, a further explanation of which is provided in our Trademark Academy.

The practical implications for effective brand protection are two-fold. On one hand, the inclusion of a frequently used word in a trademark may not necessarily create a conflict with existing trademarks. In other words, should an applicant decide to include the word "new" in their new trademark applications, the risk of opposition arising from 20,855 trademarks containing this word that have already been registered is very low. This is mainly due to the non-distinctive nature of such a frequently used word which also results in the fact that over 20,000 trademarks using this word co-exist. On the other hand, the ability to protect a brand containing a frequently used word can be considered somewhat limited. Following the same logic as discussed above, an owner of a registered trademark containing the word "new" can be expected to face substantial difficulties in challenging any new trademark applications or brand using the word element "new".

The effectiveness of brand protection as well as the implications for the ability to register a trademark however vary from one case to another and hence, we cannot recommend enough to start with a comprehensive assessment and similarity screening prior to trademark registration. This process can provide valuable insights that can prevent filing a trademark application that has limited chances to succeed but more importantly, it is this process that allows for the development of an effective brand protection strategy. Starting with a lawyer's check could not be any easier and you can expect to receive the full result of the assessment within 24 hours.