Think you can trademark anything with your name on it? Think again. U.S. trademark law protects far more than logos and brand names but also far less than many entrepreneurs assume. From sounds to colors and even scent marks, the boundaries of what can be trademarked might surprise you.
In this guide, we’ll reveal exactly what can be trademarked, common branding elements that get rejected (and why) and how to assess your own brand for trademark potential.
Whether you’re naming a band, launching a product or coining a slogan, understanding these rules now could save you costly rebrands later.
What Can Be Trademarked?
A trademark is any word, phrase, symbol, design or a combination of these that identifies your goods or services. In the U.S., the United States Patent and Trademark Office (USPTO) allows registration for:
- Brand names (e.g., Nike, trademark name USA)
- Logos and symbols (e.g., the Apple logos that are trademarked)
- Slogans and taglines (e.g., “Just Do It”, trademarking words)
- Product packaging and unique design (trade dress)
- Sounds (e.g., the NBC chimes)
Together, these form some of the most common trademarks found in the market.
Learn how to trademark a phrase for your business slogan.
What Can’t Be Trademarked?
While trademarks can cover a wide range of brand identifiers, there are limits. The USPTO will generally reject applications that:
- Are purely descriptive (e.g., “Delicious Apples” for an apple brand)
- Are generic terms (e.g., “Computer” for a computer brand)
- Use common phrases without distinctiveness
- Are misleading or deceptive
- Are too similar to existing trademarks
Avoiding these pitfalls is part of establishing an essential trademark strategy early on.
Successful Trademarks
Let’s look at a few examples of trademarks and logos that succeeded:
- Coca-Cola’s Bottle Shape
Trademarked not just for the name, but also the unique contoured bottle design. This is a case of trade dress. - “iPhone” by Apple
Despite the “i” prefix being common, Apple secured the mark by establishing strong brand identity and usage. - Netflix’s Opening Sound (“ta-dum”)
Yes, even sounds can be trademarked! Netflix’s audio logo is officially protected.
Denied Trademarks
- “The” by Ohio State University (initially)
Initially rejected for being too generic. Later approved after demonstrating distinctive usage. - “Superhero” (jointly by Marvel and DC)
Rejected for exclusive ownership because the term is too generic for a wide genre. - “Google” as a Verb
Attempts to protect “Google” used generically (e.g., “to google something”) have been largely unsuccessful due to genericide risks.
What Qualifies for a Trademark?
So what can be trademarked legally in the U.S.? Anything that clearly identifies and distinguishes the source of a good or service. This means it must be:
- Distinctive (not too generic)
- Used in commerce
- Not confusingly similar to existing marks
- Not merely descriptive without secondary meaning
These are the pillars of an essential trademark strategy that ensures legal protection and brand recognition. Follow this guide to register your trademark the right way.
Common Mistakes To Avoid
- Trying to trademark generic or overly descriptive terms
Example: “Fresh Apples” for a fruit business. - Assuming all creative ideas qualify for trademark protection
Example: A book title like “My Summer” - Skipping a proper trademark availability search
Example: Naming your brand “ZyberTech” without checking if a similar mark already exists. - Filing before the mark is actually used in commerce
Example: You can’t register a mark unless it’s actively used or you file an intent-to-use application.
When you’re unsure, reviewing examples of trademarks and logos can help guide what’s likely to be accepted.
Bonus Tips for Trademark Success
- Always search before you apply. Use the USPTO database to avoid conflicts.
- Use your mark in commerce. You must prove the trademark is actively used in selling goods or services.
- Consider hiring a trademark attorney. This ensures you’re legally protected and not infringing on others.
Read more: Consider hiring expert trademark services for a smooth process
Conclusion
Navigating trademark law isn’t just about paperwork, it’s about future-proofing your innovation’s identity. Now that you know what can be trademarked (and what can’t), you’re already one step ahead of competitors who risk costly rebrands or legal disputes.
But here’s the reality: 90% of trademark applications face initial rejections. So why gamble with your invention’s foundation? Let Emanus IP Be Your Trademark Guardian
We don’t just file trademarks, we bulletproof them.
Whether you’re submitting logos that are trademarked, trademarking words for your business slogan, or ensuring your trademark name USA gets approved the first time, we help you do it right.
Protect your brand the smart way. Connect with Emanus IP today.
Frequently Asked Questions
Q: Can you trademark an acronym?
A: Yes, if it’s distinctive and used commercially (e.g., “IBM”).
Q: How to find if a phrase is trademarked?
A: Search the USPTO’s TESS database for active registrations.
Q: Can slogans be trademarked?
A: Yes, if they identify your brand (e.g., Nike’s “Just Do It”).
Q: Can you trademark a band name?
A: Yes, for music/merch under “Class 41” (entertainment services).
Q: What qualifies for a trademark?
A: Names, logos, sounds, colors or slogans that distinguish your goods/services.
