What Can and Cannot Be Trademarked

Which brand assets qualify for trademark protection, and which categories (merely descriptive, generic) the USPTO will reject.

The Short Version

Not every brand element qualifies for trademark protection. Logos, slogans, and distinctive names generally can be trademarked. Colors and sounds can in narrow cases. Generic and merely descriptive terms cannot. Knowing what qualifies before you commit to a brand asset prevents expensive rebrands later.

7 Questions About What Can and Cannot Be Trademarked

Can I trademark my logo?

Most distinctive logos qualify for federal trademark protection. The USPTO registers logos as design marks or combined word-and-design marks.

Can I trademark a slogan or tagline?

Distinctive slogans qualify for federal trademark protection. The USPTO examines slogans as standard word marks under the same distinctiveness rules.

Can I trademark a color or a sound?

Colors and sounds can be trademarked only with proof of secondary meaning — customers associating the specific color or sound with one source.

What kinds of words or phrases can't be trademarked?

The USPTO refuses trademarks that are generic, merely descriptive, deceptive, primarily a surname, or functional under 15 U.S.C. §1052.

What does "merely descriptive" mean and why would it block my trademark?

'Merely descriptive' means a name directly describes the product rather than identifying the source. The USPTO refuses these marks under 15 U.S.C. §1052(e).

Should I trademark my logo or my business name first?

File the business name first. A word mark covers the name in any styling, while a logo mark covers only the specific graphic.

Is it worth trademarking my slogan if I might change it later?

File a slogan trademark only after the slogan has stabilized. Abandoned registrations waste the non-refundable filing fee and create maintenance issues.

Related Clusters

Pillar 01 / Cluster 1A

Trademark Fundamentals

A trademark is a legally protectable identifier of a brand's commercial source, a name, logo, slogan, or other distinctive element. It is a different kind of intellectual property protection from copyright (which protects creative works) or patents (which protect inventions), and it is the foundation of any small business owner's brand ownership.

Pillar 01 / Cluster 1C

Trademark Strength: The Categories

Trademarks fall on a strength spectrum. Fanciful and arbitrary marks are strongest and easiest to protect. Suggestive marks are middle ground. Descriptive marks require proof of secondary meaning. Where a name sits on this spectrum determines how defensible the brand actually is.

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