By Michael Kondoudis, Small Business Trademark Attorney
SHARE THIS ARTICLE ON:
SHARE THIS ARTICLE:
This is our EASY guide to what can be trademarked. If you want to know what can be trademarked (and what can’t), then this guide is for you.
Let’s get started!
Contents
What Is A Trademark?
A trademark is a sign or signal that represents a brand identity and identifies a business’s products or services in the marketplace. Names, logos, and phrases are the most popular trademarks.
Trademarks represent brands. Every successful brand is built on at least one trademark. When you protect a trademark, you protect the brand that goes with it, along with all of the hard work and investment that you put into your brand. In most cases, names and logos are the cornerstones of brands.
What Is A Registered Trademark?
A registered trademark is an enhanced trademark certified by the U.S. government. It’s an enhanced trademark because it comes with exclusivity and nationwide legal rights and prevents anyone else from registering anything even similar for your industry.
Registered trademarks are sometimes referred to as federal trademarks.
Federal trademark registration is the best way to protect the mark(s) that reflect your brand. Read our quick guide to all of the reasons to register a trademark.
U.S. Trademark 48,461 for Campbell’s Soup
U.S. Trademark 977,190 for the NIKE Logo
The United States Patent and Trademark Office (or “USPTO”) is the Federal agency that registers trademarks.
What Does A Trademark Do?
Trademarks represent brands. A trademark tells customers which products or services come from your business. So, trademarks help customers identify your business as the source of a product or service. A trademark individualizes a product or service and differentiates it from the competition.
• Trademarks help customers find the products and services that they like, which helps make them repeat customers.
• Trademarks also help customers recommend products and services to their friends, which is free marketing.
• Trademarks convey stability and trust and tap the human preference for visuals, which makes your marketing more effective and less expensive.
The purpose of a trademark is to allow customers to easily identify the source of goods or services. Trademarks protect businesses’ investments in their brands and stop others from unfairly reaping the benefits of that investment.
See How My Law Firm Can Help You Protect Your Trademark
New Applications – Legally own your trademark.
Office Actions – We can navigate the trademarking process at the USPTO.
Enforcement – Flex your trademark rights. Stop copycats.
What Can Be Trademarked?
Many things can be trademarked, especially business or product names, logos, slogans, and phrases. As long as the trademark identifies a source of goods or services and is used in commerce, it is generally eligible for trademark protection. Generally, trademarks cover goods and services that are related to the brand. Typically, trademarks are registered with the U.S. Patent and Trademark Office.
The most popular types of marks are:
Names: Usually, your company name or the name of your product.
Logos: Your company logo or other graphic used to brand your products
Phrases + slogans: The phrase you use to sell your products.
For example, Apple Inc. protects its brand with a combination of its name “Apple,” its apple logo, the slogan “Think Different,” and product names like “MacBook” and “iPhone.”
Almost anything that identifies and distinguishes a business’s products or services can be trademarked, including a word, name, phrase, symbol, design, sound, character, color, or color scheme, so long as it is used as a brand. Every element of your brand can be a trademark. The possibilities are almost limitless.
What Can You Trademark?
Anything that represents your brand and distinguishes your products from the competition can be trademarked, especially business or product names, logos, slogans, and phrases. So, you can trademark anything that distinguishes your products and services from the competition and helps consumers identify brands, including:
- Band Names (“The Beatles”)
- Blog Names (“Mashable”)
- Catchphrases (“That’s Hot!”)
- Characters/Mascots (“Ronald McDonald”)
- Company Names (“Google”)
- Logos (the Nike “swoosh”)
- Podcast Names (“The Joe Rogan Experience”)
- Product Names (“Corvette”)
- Product Shapes (Coca-Cola contoured bottles)
- Restaurant Names (“Taco Bell”)
- Services (“Bank America”)
- Slogans (“What’s in your wallet”)
- Webinar Names + Platforms (“Zoho”)
- YouTube Channel Names (“PewDiePie”)
What Can You Trademark?
Anything that represents your brand and distinguishes your products from the competition can be trademarked, especially business or product names, logos, slogans, and phrases. So, you can trademark anything that distinguishes your products and services from the competition and helps consumers identify brands, including:
- Band Names (“The Beatles”)
- Blog Names (“Mashable”)
- Catchphrases (“That’s Hot!”)
- Characters/Mascots (“Ronald McDonald”)
- Company Names (“Google”)
- Logos (the Nike “swoosh”)
- Podcast Names (“The Joe Rogan Experience”)
- Product Names (“Corvette”)
- Product Shapes (Coca-Cola contoured bottles)
- Restaurant Names (“Taco Bell”)
- Services (“Bank America”)
- Slogans (“What’s in your wallet”)
- Webinar Names + Platforms (“Zoho”)
- YouTube Channel Names (“PewDiePie”)
What Cannot Be Trademarked?
Inventions and creative works of art cannot be trademarked; they are protected by patents and copyrights, respectively. Also, some brand elements cannot be trademarked because they do not identify the source of a product or service.
• Names and logos that are too similar to an existing trademark cannot be trademarked. Confusion could result.
• Generic terms and phrases cannot be trademarked because they are never recognized as a brand.
• Common surnames cannot be trademarked without a separate showing that the name has acquired distinctiveness through use.
• Geographic descriptors cannot be trademarked because they just describe an aspect of a product or service.
Other examples of things that you cannot trademark are inventions and creative works, which are respectively protected by patents and copyrights.
1. Generic terms
Generic terms that describe a category of product or service cannot be trademarked. For example, you cannot trademark the word “car” or the word “computer.”
2. Descriptive terms
Descriptive terms that describe a feature of a product or service cannot be trademarked. For example, you cannot trademark the word “fast” or the word “efficient.”
3. Geographical terms
Geographical terms that identify the original or location of a product or service cannot be trademarked. For example, you cannot trademark the word “California” or the word “New York.”
4. Personal names
Personal names cannot be trademarked. For example, you cannot trademark the name “John Smith” or the name “Mary Jones.”
5. Trademarks that are misleading
Trademarks that are misleading cannot be registered. For example, you cannot register a trademark for the word “Natural” if the product is not actually natural.
6. Trademarks that are too similar to existing trademarks
Any mark that is likely to cause confusion with an existing registered mark is not registrable.
What Cannot Be Trademarked?
Inventions and creative works of art cannot be trademarked; they are protected by patents and copyrights, respectively. Also, some brand elements cannot be trademarked because they do not identify the source of a product or service.
• Names and logos that are too similar to an existing trademark cannot be trademarked. Confusion could result.
• Generic terms and phrases cannot be trademarked because they are never recognized as a brand.
• Common surnames cannot be trademarked without a separate showing that the name has acquired distinctiveness through use.
• Geographic descriptors cannot be trademarked because they just describe an aspect of a product or service.
Other examples of things that you cannot trademark are inventions and creative works, which are respectively protected by patents and copyrights.
1. Generic terms
Generic terms that describe a category of product or service cannot be trademarked. For example, you cannot trademark the word “car” or the word “computer.”
2. Descriptive terms
Descriptive terms that describe a feature of a product or service cannot be trademarked. For example, you cannot trademark the word “fast” or the word “efficient.”
3. Geographical terms
Geographical terms that identify the original or location of a product or service cannot be trademarked. For example, you cannot trademark the word “California” or the word “New York.”
4. Personal names
Personal names cannot be trademarked. For example, you cannot trademark the name “John Smith” or the name “Mary Jones.”
5. Trademarks that are misleading
Trademarks that are misleading cannot be registered. For example, you cannot register a trademark for the word “Natural” if the product is not actually natural.
6. Trademarks that are too similar to existing trademarks
Any mark that is likely to cause confusion with an existing registered mark is not registrable.
What Cannot Be Trademarked
The United States Patent and Trademark Office (USPTO), which is responsible for examining applications and granting registrations for trademarks, has strict rules about what can and cannot receive protection. The following things cannot be registered as trademarks:
- Deceptive Words, Names, Phrases, Slogans (they are misleading)
- Merely Descriptive Words (e.g., Best ice cream, Red car)
- Merely Decorative Features (they don’t identify source)
- Generic Terms and Phrases (e.g., milk, toaster)
- Proper Names or Likenesses (without consent from the person)
- Disparaging Words, Names, Phrases (by law)
- Government Flags, Coats of Arms, Flags (by Statute)
Frequently Asked Questions
1. What can I trademark?
You can trademark anything that helps customers recognize you in the marketplace and distinguish you from your competitors. Company names, product names, logos, and phrases are prime candidates for trademark protection. You can trademark words, phrases, and logos by submitting an application to the U.S. Patent and Trademark Office (USPTO).
2. What cannot be trademarks?
Creative works and inventions are not eligible for trademark protection. They are protected by copyrights and patents, respectively. Also, merely descriptive terms such as “shoes” or “books” and generic terms such as “car wash” or “dry cleaning” cannot be trademarks because they do not distinguish a company or its products in the marketplace.
SHARE THIS ARTICLE ON:
SHARE THIS ARTICLE:
Take the Next Step and Legally
Own Your Trademark!
Schedule a Free Strategy Call
Take the Next Step Legally Own Your Trademark
Request a Free Strategy Call
For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).
