Can Someone Really Trademark Common Words? What Small Business Owners Should Know
“Whatever you do, do from the heart, as for the Lord and not for others” (Colossians 3:23).
In the Catholic Women in Business Facebook group, a business owner recently asked whether someone could really trademark the phrase “breast milk” in connection with jewelry. The question sparked confusion and fear among fellow makers and small business owners.
It is an understandable reaction. Many entrepreneurs worry that a larger company could suddenly “own” ordinary language and force smaller businesses to stop describing what they sell, essentially putting them out of business.
Fortunately, trademark law is usually much narrower and more practical than people think.
What Trademarks Actually Protect
A trademark is not ownership of a word in every context. Rather, trademarks protect words, phrases, logos, or symbols that identify goods or services one person or company offers and distinguish them from others.
For example, the word “Apple” can function as a trademark for computers because consumers associate it with a specific company; but no one can stop farmers or grocery stores from selling actual apples. The same word can be protected in one industry and completely generic in another. The U.S. Patent and Trademark Office explains this distinction well in its overview of “strong” and “weak” trademarks.
That is why seeing a registered trademark does not automatically mean someone owns the underlying word itself.
Business Names vs. Descriptive Language
Trademark law generally protects branding, not the ordinary descriptive language people need to conduct business.
For example, “Nike” is a distinctive brand name, but “running shoes” is descriptive language everyone in the industry must be free to use.
Likewise, a jewelry company might have trademark rights in a specific business name or stylized logo connected to breast milk jewelry. That does not necessarily mean they own the phrase “breast milk” in every use or can prevent all competitors from accurately describing their products.
In fact, generic and merely descriptive terms are often considered weak trademarks or may not qualify for strong protection at all.
What if You Receive a Cease-and-Desist Letter?
Receiving a legal letter can feel terrifying, especially for a small business owner without the budget for an attorney. A cease-and-desist letter is not automatically a lawsuit and is also not automatically correct.
Sometimes companies without strong claims will send aggressive letters hoping smaller competitors will back down quickly. Other times, the company may have legitimate trademark concerns involving branding, logos, or customer confusion.
Before panicking:
Read the letter carefully.
Look at exactly what is claimed.
Compare your branding to theirs.
Avoid immediately admitting wrongdoing.
Speak with a trademark attorney if possible.
Some attorneys offer low-cost consultations, and many law schools also operate legal clinics at no cost.
When You Should Be Concerned
There are situations where trademark concerns deserve immediate attention. For example, if:
Your business name is very similar to another company in the same industry.
Your logo or branding closely resembles theirs.
Customers could realistically confuse the two businesses.
You intentionally used a well-known brand name or slogan.
These scenarios are quite different from simply using ordinary language to describe a product.
The Taylor Swift Example
Modern trademark questions are becoming more complicated in the digital age.
Public figures like Taylor Swift have reportedly pursued broader trademark protections related to their names, likenesses, and branding in part because of concerns over unauthorized AI-generated content and deepfakes.
That does not mean celebrities can “own” every use of their image or voice, but it does show how intellectual property law continues evolving alongside technology.
For small business owners, the lesson is simple: branding matters more than ever. Distinctive names and clear brand identities are easier to protect and less likely to create legal conflicts.
A Practical Perspective for Christian Business Owners
Trademark issues can become emotionally charged, especially when businesses seek protection for phrases closely tied to shared culture, faith, or industry language. While business owners certainly have the right to protect distinctive branding, many people become concerned when trademark claims appear to extend toward common expressions that others reasonably need to use.
As Catholic women in business, we are called to pursue excellence while also acting with honesty and integrity. That includes respecting legitimate intellectual property rights but also refusing to operate out of fear.
Many entrepreneurs become intimidated by legal language and assume they have no rights simply because another company is bigger and has lawyers. Wisdom requires discernment, not panic. Besides, healthy competition with fellow companies can actually be a good thing.
Saint Paul reminds us: “Whatever you do, do from the heart, as for the Lord and not for others.” -Colossians 3:23
Building a business with integrity includes learning, asking questions, seeking counsel when needed, and refusing to let fear make decisions for us.
Most importantly, remember this: a trademark registration does not give someone ownership over ordinary language itself. In many cases, the law still leaves room for honest businesses to accurately describe what they do.
Alyssa Grasinski is a legal writer, editor, wife, and mother who is passionate about helping businesses communicate clearly. She earned her Juris Doctor in 2019 and now works with law firms and business owners through her writing business, Claritas Vox, providing blog writing, website copy, ghostwriting, and editing services. Alyssa and her husband, Michael, have five children on earth and one in heaven. She can be reached at alyssagrasinski@gmail.com or https://www.claritasvox.com/