Trademark law protects words, names, symbols, designs, and other identifiers that help consumers recognize the source of goods or services. However, not every name, phrase, logo, or design qualifies for federal trademark registration.
Understanding what can and cannot be trademarked can help businesses avoid filing applications for marks that are unlikely to receive protection. A strong trademark should identify the source of a product or service and distinguish it from competitors. Generic terms, certain descriptive wording, confusingly similar marks, and other prohibited material may be refused by the United States Patent and Trademark Office (USPTO).
This guide explains what businesses can trademark, what generally cannot be trademarked, and why some marks receive stronger protection than others.
What Is a Trademark?
A trademark is a word, phrase, symbol, design, or combination of these elements that identifies the source of goods or services.
Common examples include:
- Business names
- Brand names
- Product names
- Logos
- Slogans
- Symbols
- Designs
Trademark protection is different from other forms of intellectual property. Copyright generally protects original creative expression, while patents protect inventions.
Our guide to trademark vs copyright vs patent explains these differences in more detail.
The main purpose of trademark law is to help consumers identify the source of goods or services and reduce confusion in the marketplace.
What Can Be Trademarked?
Many types of brand identifiers can qualify for trademark protection if they meet the legal requirements.
When determining what can and cannot be trademarked, the most important question is whether the mark functions as a source identifier.
Here are some of the most common types of marks that may qualify.
Business Names
A business name can qualify for trademark protection when it identifies the source of particular goods or services.
For example, a distinctive company name used to sell clothing may qualify for protection in connection with clothing products.
Simply registering a company name with a state does not automatically create a federal trademark registration.
Brand Names
Brand names are among the most common trademarks.
A distinctive name used to identify products or services may qualify for federal registration.
Stronger brand names are usually:
- Unique
- Memorable
- Distinctive
- Different from competing brands
Before investing heavily in a new brand name, businesses should search existing trademark records for possible conflicts.
Logos
Logos can also receive trademark protection when they identify the source of goods or services.
A logo may include:
- Symbols
- Shapes
- Illustrations
- Stylized wording
- Combinations of text and graphics
Businesses can sometimes register both their brand name and logo separately to protect different elements of their identity.
Slogans and Taglines
A slogan or tagline may qualify for trademark protection when consumers recognize it as identifying the source of particular goods or services.
However, not every marketing phrase qualifies.
Generic promotional statements or ordinary phrases may be refused if they do not function as trademarks.
Product Names
Distinctive product names may qualify for trademark registration.
For example, a company that creates a unique name for a software platform, clothing line, or consumer product may seek trademark protection for that name.
However, the name cannot simply be the generic term for the product itself.
Service Names
Businesses can protect names used to identify services as well as physical products.
Examples may include names for:
- Legal services
- Consulting services
- Marketing services
- Financial services
- Educational services
- Software services
Marks identifying services have historically been called service marks, although they are generally handled under the same federal trademark system.
Can You Trademark a Person’s Name?
Personal names can sometimes qualify for trademark protection, but simply being a person’s name is not enough.
The name generally needs to function as a trademark by identifying the source of goods or services.
Personal-name trademarks are common among:
- Designers
- Authors
- Celebrities
- Consultants
- Founders
- Influencers
Additional USPTO rules may apply when a trademark identifies a particular living individual.
Can You Trademark a Phrase?
Yes, some phrases can be trademarked.
The phrase must function as a source identifier rather than simply communicate information or express a common message.
A distinctive slogan associated with a particular company may qualify.
However, ordinary expressions, informational phrases, and widely used messages may not function as trademarks.
This distinction is important when evaluating what can and cannot be trademarked. The fact that a phrase is original or clever does not automatically make it eligible for trademark registration.
Can You Trademark a Sound?
Some sounds can function as trademarks.
A sound may qualify when consumers recognize it as identifying a particular source.
Examples may include distinctive:
- Audio logos
- Musical sequences
- Product sounds
- Brand sounds
Sound trademarks are less common than word or logo marks, but federal trademark protection is possible when the sound functions as a source identifier.
Can You Trademark a Color?
In some circumstances, yes.
A color may qualify for trademark protection when consumers have come to associate that color with a particular source of goods or services.
However, businesses generally cannot claim broad ownership over a color simply because they use it in their branding.
The color must meet trademark requirements and cannot be functional for the relevant product or service.
Can You Trademark Product Packaging?
Certain distinctive packaging may qualify as trade dress.
Trade dress can protect the overall commercial appearance of a product or its packaging when that appearance identifies the source.
Possible examples include distinctive combinations of:
- Shapes
- Colors
- Packaging layouts
- Design features
Functional product features generally cannot receive trade dress protection merely to prevent competitors from using useful product features.
What Makes a Trademark Strong?
Not all trademarks receive the same level of protection.
Trademark strength is often discussed through four main categories.
Fanciful Marks
Fanciful marks are invented words created specifically to function as trademarks.
Because the word did not previously have an ordinary meaning, these marks can be highly distinctive.
Arbitrary Marks
Arbitrary marks use existing words in an unrelated way.
The word has an ordinary meaning, but that meaning has no direct connection to the goods or services being sold.
Suggestive Marks
Suggestive marks hint at a characteristic or benefit of a product without directly describing it.
Consumers need some imagination to connect the trademark with the product or service.
Descriptive Marks
Descriptive marks directly describe a feature, quality, purpose, or characteristic of the goods or services.
These marks are generally weaker and may require acquired distinctiveness before they can receive certain trademark protection.
Generic terms sit below these categories and cannot function as trademarks for the goods or services they name.
Why Distinctiveness Matters
Distinctiveness is central to understanding what can and cannot be trademarked.
A strong trademark helps consumers identify one particular source.
A weak term simply describes what the business sells.
For example, creating a unique brand name for a bakery can provide a stronger basis for trademark protection than attempting to register the generic word “Bakery” for bakery services.
Before you file US trademark online, consider whether the proposed mark is distinctive enough to identify your business rather than merely describe your products or services.
Choosing a stronger mark from the beginning can reduce registration problems and provide better long-term brand protection.
What Cannot Be Trademarked?
Federal trademark law does not allow every word, phrase, logo, symbol, or design to be registered. Some marks cannot function as trademarks at all, while others may be refused because they do not meet USPTO requirements.
Understanding what can and cannot be trademarked before filing can help prevent unnecessary application costs and reduce the risk of refusal.
Common problems include generic wording, confusingly similar marks, certain descriptive terms, deceptive marks, functional product features, and prohibited government symbols.
Generic Terms
Generic terms generally cannot be trademarked for the goods or services they identify.
A generic term is the ordinary name of a product or service.
Examples include:
- “Coffee” for coffee.
- “Shoes” for footwear.
- “Computer” for computers.
- “Bakery” for bakery services.
Allowing one company to own these terms would prevent competitors from accurately describing what they sell.
A business could potentially create a distinctive brand that contains common wording, but it generally cannot claim exclusive trademark rights over the generic term itself.
Descriptive Terms
A descriptive mark directly describes a feature, quality, purpose, ingredient, or characteristic of a product or service.
Examples might include wording such as:
- “Creamy” for yogurt.
- “Cold and Sweet” for ice cream.
- “Fast Delivery” for delivery services.
Descriptive marks can be difficult to register on the Principal Register unless the owner can establish that consumers have come to recognize the term as identifying a particular source. This is known as acquired distinctiveness or secondary meaning.
Some descriptive marks may qualify for the Supplemental Register if applicable requirements are met.
Confusingly Similar Trademarks
A proposed trademark may be refused if it creates a likelihood of confusion with an existing registered or pending trademark.
The USPTO does not look only for exact matches.
An examining attorney may consider similarities in:
- Appearance.
- Sound.
- Meaning.
- Commercial impression.
- Relatedness of the goods or services.
For example, changing one letter in an existing brand name does not necessarily make a new trademark registrable.
This is why searching existing trademarks before filing is an important part of the application process.
Deceptive Marks
A trademark may be refused if it misleads consumers about an important feature of the goods or services.
This can involve misleading information about:
- Ingredients.
- Materials.
- Quality.
- Characteristics.
- Geographic origin.
A mark that falsely suggests a product contains a particular material, for example, may face registration problems when that claim is important to a customer’s purchasing decision.
Functional Product Features
Trademark law generally cannot be used to prevent competitors from using product features that are functional.
A functional feature may be important to:
- How the product works.
- How the product is manufactured.
- The product’s cost.
- The product’s performance.
Trademark protection is designed to identify the source of goods or services, not to give businesses permanent control over useful product features.
Other forms of intellectual property may be more appropriate for certain product designs or inventions.
Government Flags, Insignia, and Certain Official Symbols
Federal law restricts registration of certain government-related symbols and insignia.
For example, a business generally cannot obtain trademark registration for certain:
- U.S. government insignia.
- State insignia.
- Municipal insignia.
- Foreign national insignia.
Special rules also apply to some official names, seals, and symbols.
Using official imagery in branding should therefore be reviewed carefully before filing a trademark application.
Names, Portraits, or Signatures of Living Individuals
A trademark that identifies a particular living person may require that person’s written consent before it can be registered.
This commonly affects marks involving:
- Personal names.
- Stage names.
- Portraits.
- Signatures.
The rule helps prevent businesses from registering trademarks that falsely imply an individual’s approval or association.
Primarily Merely a Surname
A mark that is primarily understood as a surname may face refusal on the Principal Register unless additional requirements are satisfied.
Not every surname is automatically prohibited.
The USPTO considers how consumers are likely to understand the term and whether the applicant can establish acquired distinctiveness where necessary.
Geographic Terms
Geographic wording can also create trademark problems.
A mark may be considered primarily geographically descriptive when:
- The wording identifies a known geographic location.
- The goods or services originate there.
- Consumers are likely to make that connection.
Geographically deceptive wording may face stronger restrictions when it falsely suggests that goods or services come from a particular place.
Common Phrases and Everyday Expressions
A commonly used phrase does not automatically qualify for trademark registration.
Phrases that simply communicate an ordinary message may fail to function as trademarks because consumers do not view them as identifying one particular source.
Examples can include:
- Common motivational statements.
- Widely used social messages.
- Ordinary greetings.
- Popular everyday expressions.
Context matters. A phrase must function as a source identifier rather than simply appear as decoration or communicate an idea.
Titles of Single Creative Works
The title of a single creative work generally cannot be registered as a trademark for that work.
This can apply to the title of a single:
- Book.
- Movie.
- Song.
- Album.
A title used for a series of creative works may be treated differently because it can function as a source identifier for the series.
Copyright may also apply to the underlying creative work. Our guide on how long does a copyright protection last explains how long copyright rights can continue.
Can Offensive or Controversial Words Be Trademarked?
This area of U.S. trademark law has changed significantly because of court decisions.
A mark cannot be rejected simply because the government considers its message offensive or disparaging. However, that does not mean every controversial term automatically qualifies for registration.
The mark must still satisfy other trademark requirements, including:
- Functioning as a trademark.
- Being distinctive where required.
- Avoiding a likelihood of confusion.
- Complying with other federal trademark rules.
The USPTO evaluates the complete application rather than approving a mark solely because a particular prohibition no longer applies.
Can You Trademark Something That Already Exists?
Possibly, but the answer depends heavily on the circumstances.
Two businesses can sometimes use similar or even identical words as trademarks when their goods or services are sufficiently unrelated and consumers are unlikely to believe they come from the same source.
However, registration may be refused when an existing mark creates a likelihood of confusion.
The analysis considers more than whether the words are identical.
Relevant factors may include:
- Similarity between the marks.
- Goods and services involved.
- Channels of trade.
- Overall commercial impression.
Before filing, businesses should search both registered marks and other potentially conflicting uses.
What Are Things Not Trademarked Anymore?
The phrase things not trademarked anymore can refer to marks that once had trademark protection but no longer have an active registration or enforceable trademark rights.
A trademark may lose protection because:
- The owner failed to complete required maintenance filings.
- The registration was cancelled.
- The owner abandoned the mark.
- The mark stopped being used in commerce.
- The term became generic for the relevant product or service.
However, finding an expired or cancelled registration does not automatically mean a trademark is available for someone else to use.
The previous owner may still have common law rights based on continued use, or another business may have acquired rights in a similar mark.
Businesses researching things not trademarked anymore should therefore conduct a broader clearance search instead of relying only on the federal registration status.
For more information about registration duration and maintenance, see how long does a trademark last?
What Happens If You Apply for a Trademark That Cannot Be Registered?
The USPTO examining attorney reviews an application after it is filed.
If there is a legal or procedural problem, the USPTO may issue an Office Action.
Possible issues include:
- Likelihood of confusion.
- Descriptiveness.
- Generic wording.
- Specimen problems.
- Identification of goods or services.
- Disclaimer requirements.
- Other statutory refusals.
Depending on the refusal, an applicant may have an opportunity to submit a trademark office action response addressing the examining attorney’s concerns.
Some issues can be corrected or argued against, while others may prevent registration entirely.
For this reason, understanding what can and cannot be trademarked before filing can reduce avoidable problems and expenses.
Can a Domain Name Be Trademarked?
A domain name can sometimes qualify for trademark protection, but owning a domain does not automatically create federal trademark rights.
To qualify, the domain name must function as a source identifier for goods or services.
For example, registering:
examplebrand.com
does not automatically give the owner exclusive trademark rights to “ExampleBrand.”
The underlying wording must meet trademark requirements.
A distinctive domain used as a brand may qualify, while a generic domain that simply describes the goods or services may have difficulty receiving protection.
Can a Social Media Handle Be Trademarked?
A social media username or handle may qualify for trademark protection when it functions as a brand identifier.
Simply creating an Instagram, TikTok, YouTube, Facebook, or X account does not automatically give you federal trademark rights.
The handle should identify the source of particular goods or services.
For creators and online businesses, trademark protection may become more important when the social media name is also used for:
- Merchandise.
- Courses.
- Entertainment services.
- Marketing services.
- Digital products.
- Other commercial activities.
Can a Hashtag Be Trademarked?
In some circumstances, a hashtag may qualify for trademark protection.
The hashtag must function as a source identifier rather than simply organize or promote social media content.
For example, a unique hashtag consistently associated with one company’s goods or services may have a stronger basis for protection than a common promotional hashtag.
Adding “#” to a generic or descriptive phrase does not automatically make the phrase distinctive.
Can a Product Shape Be Trademarked?
Some product shapes can receive trademark protection as trade dress.
However, there are important restrictions.
The design generally must:
- Identify a particular source.
- Be distinctive or acquire distinctiveness where required.
- Be nonfunctional.
A company cannot use trademark law to permanently control a product feature that competitors need for the product to work effectively.
Depending on the design, patent protection may be more appropriate for certain functional or ornamental features.
Can a Scent Be Trademarked?
In rare cases, a scent can function as a trademark.
The scent generally cannot be functional or simply be an expected feature of the product.
For example, attempting to protect the normal scent of perfume as a trademark would raise obvious problems because fragrance is a basic function of the product.
However, an unusual scent applied to a product that normally has no scent may have a stronger argument for trademark protection if consumers recognize it as identifying a particular source.
These registrations are much less common than word marks and logos.
Can a Business Name Be Trademarked?
Yes. Business names are among the most common forms of trademarks.
However, registering a company with a state and obtaining federal trademark registration are two different things.
State business registration allows an entity to operate under a particular name subject to state requirements. Federal trademark registration protects the name as a source identifier for particular goods or services.
Before you file US trademark online, it is important to search for existing marks that could conflict with the business name.
Can an LLC Name Be Trademarked?
Yes, an LLC name may qualify for trademark registration if it functions as a trademark and meets federal requirements.
Forming an LLC alone does not provide federal trademark protection.
For example, registering “Example Brands LLC” with a state does not automatically give the company nationwide trademark rights to “Example Brands.”
The business may need a separate federal trademark application.
Can AI-Generated Brand Elements Be Trademarked?
The use of artificial intelligence to help create a business name, slogan, or logo does not automatically prevent that element from functioning as a trademark.
Trademark law focuses heavily on whether the mark identifies the source of goods or services and whether it meets registration requirements.
An AI-assisted brand element may still face refusal if it is:
- Generic.
- Descriptive.
- Confusingly similar to another trademark.
- Deceptive.
- Unable to function as a source identifier.
Businesses using AI-generated branding should also search carefully for similar existing marks. AI tools may produce names or designs that resemble material already used by another business.
Quick Guide: What Can and Cannot Be Trademarked?
The following table provides a simple overview.
| Brand Element | Can It Be Trademarked? | Main Requirement |
| Business name | Usually | Must identify a source |
| Brand name | Usually | Must be distinctive |
| Logo | Usually | Must function as a trademark |
| Slogan | Sometimes | Must identify a source |
| Product name | Usually | Cannot be generic |
| Person’s name | Sometimes | Additional rules may apply |
| Domain name | Sometimes | Must function as a brand |
| Social media handle | Sometimes | Must identify goods or services |
| Hashtag | Sometimes | Must function as a source identifier |
| Color | Sometimes | Must meet distinctiveness and nonfunctionality rules |
| Sound | Sometimes | Must identify a source |
| Scent | Rarely | Must be distinctive and nonfunctional |
| Product shape | Sometimes | Cannot be functional |
| Generic product term | No | Cannot identify one exclusive source |
| Functional product feature | No | Trademark cannot protect functionality |
| Confusingly similar mark | Usually not | Must avoid likelihood of confusion |
This table provides a quick answer to what can and cannot be trademarked, but trademark eligibility always depends on the specific mark, goods or services, and existing rights.
How to Check If Something Can Be Trademarked
Before filing, complete a basic trademark eligibility review.
Step 1: Determine Whether It Identifies Your Brand
Ask whether consumers will see the word, logo, slogan, or design as identifying your business.
If it simply describes the product, it may have weaker protection.
Step 2: Check Its Distinctiveness
Fanciful, arbitrary, and suggestive marks generally have stronger trademark potential than descriptive or generic terms.
Step 3: Search Existing Trademarks
Search for marks that are similar in:
- Wording.
- Sound.
- Appearance.
- Meaning.
- Commercial impression.
Do not limit the search to exact matches.
Step 4: Review Your Goods or Services
A trademark does not exist separately from the goods or services associated with it.
A similar name may create a conflict when the goods or services are related and consumers could believe they come from the same source.
Step 5: Check for Other USPTO Restrictions
Consider whether the mark includes restricted material, creates a false impression, is functional, or has another registration problem.
How Much Does It Cost to Trademark Something?
Trademark costs depend on the number of classes included in the application and whether additional professional or filing services are required.
Common expenses may include:
- USPTO filing fees.
- Trademark search costs.
- Attorney or filing service fees.
- Office Action assistance.
- Maintenance and renewal costs.
The cost of trademark registration should therefore be considered before deciding how many marks and classes to protect.
Because USPTO fees can change, applicants should check the current official fee schedule before filing.
Is Trademark Registration Permanent?
Federal trademark registration can potentially continue indefinitely, but it requires maintenance.
Owners must continue using the mark and complete required USPTO maintenance filings.
A registration can be cancelled when required filings are missed or other legal requirements are no longer satisfied.
This is why determining what can and cannot be trademarked is only the beginning. Trademark owners must also protect and maintain their registrations after approval.
Frequently Asked Questions
What words cannot be trademarked?
Generic words cannot be trademarked for the products or services they name. Certain descriptive, deceptive, geographically descriptive, or confusingly similar wording may also face registration refusal.
Can you trademark a common word?
Yes, sometimes. A common dictionary word may function as a strong trademark when it is used in an arbitrary way that has no direct connection to the relevant goods or services.
A company cannot generally take a common word away from everyone for every possible use simply by registering it in one commercial context.
Can you trademark a common phrase?
Possibly, but the phrase must function as a source identifier.
Ordinary sayings, informational messages, and commonly used expressions may fail to function as trademarks.
Can two companies have the same trademark?
Sometimes.
Trademark rights are connected to particular goods or services. Similar or identical marks may sometimes coexist when their goods or services are sufficiently unrelated and consumers are unlikely to become confused.
However, each situation requires a likelihood-of-confusion analysis.
Can you trademark a logo?
Yes. A distinctive logo that identifies the source of goods or services may qualify for federal trademark registration.
Can you trademark a person’s name?
Sometimes. A person’s name may qualify when it functions as a trademark. Additional requirements can apply when the mark identifies a living individual.
Can you trademark a business name without an LLC?
Yes. Forming an LLC is not a requirement for owning a federal trademark. Individuals and other eligible legal entities can own trademarks.
The application must correctly identify the owner of the mark.
Can you trademark something that is copyrighted?
Potentially, yes.
Trademark and copyright protect different rights. An original logo, for example, may have copyright protection as artwork while also functioning as a trademark for a business.
Understanding trademark vs copyright vs patent helps clarify which form of intellectual property applies to different business assets.
Does a trademark last forever?
A trademark can potentially remain protected indefinitely if it continues to meet legal requirements and required maintenance filings are completed.
What happens if my trademark application is rejected?
A USPTO examining attorney may issue an Office Action if the application has a legal or procedural problem.
Depending on the refusal, the applicant may be able to address the issue through a trademark office action response. Some refusals can be overcome, while others may prevent the mark from being registered.
Final Thoughts on What Can and Cannot Be Trademarked
Understanding what can and cannot be trademarked helps businesses choose stronger brand assets before spending money on applications, marketing, packaging, and advertising.
Business names, logos, slogans, sounds, colors, packaging, and other brand elements may qualify when they function as source identifiers and meet federal trademark requirements.
Generic terms, functional features, confusingly similar marks, and certain prohibited material generally cannot receive trademark registration.
Borderline categories require more careful analysis. A domain name, hashtag, personal name, color, product shape, or social media handle may qualify in one situation but not another.
Before filing, check the distinctiveness of the mark, search for potential conflicts, identify the correct goods or services, and review USPTO requirements. Taking these steps can reduce the risk of refusal and help establish stronger trademark protection from the beginning.
