Whether you’re launching a new business, product, or brand, protecting your intellectual property is essential. One of the most effective ways to secure your brand identity is through trademarks. But what can be trademarked, exactly? And how do you know if your idea qualifies?
In this complete guide, we’ll walk you through what things can be trademarked, explain trademark eligibility, and break down the types of marks you can protect under U.S. law.
What Is a Trademark?
A trademark is a legally recognized sign, design, or expression that identifies and distinguishes the source of goods or services. Trademarks can include everything from names and logos to slogans and even distinctive sounds or colors.
The U.S. Patent and Trademark Office (USPTO) oversees all registrations and enforces rules that help ensure your mark is both unique and legally defensible.
What Things Can Be Trademarked?
Here’s a look at the most common items that qualify for trademark protection:
1. Trademark Names
Business names, product names, and even service names can be trademarked—if they are distinctive and not too generic. For example, a website development agency called “Pixel Web Designers” may be eligible for a trademark, while “Computer Solutions” likely won’t be.
2. Trademark Logos
Logos that are visually distinctive and represent your brand can be trademarked. Think of the Nike swoosh or Apple’s bitten apple—both are iconic and immediately recognizable.
3. Trademark Slogans
Catchphrases or taglines associated with your brand can also be protected. For example, “Just Do It” is a trademarked slogan that reinforces Nike’s branding.
USPTO Trademark Rules and Eligibility
Not every mark qualifies. According to USPTO trademark rules, your trademark must:
- Be distinctive, not generic or merely descriptive
- Not conflict with an existing registered mark
- Be used in commerce (or intended to be used)
- Not be misleading, scandalous, or offensive.
The most protectable marks fall into one of the following categories:
- Fanciful (made-up words like “Kodak”)
- Arbitrary (common words used in unique ways, like “Apple” for computers)
- Suggestive (imply a quality of the product, like “Coppertone” for sunscreen)
Descriptive or generic terms usually do not qualify unless they’ve gained secondary meaning in the market.
Distinctive Marks Matter
Trademark eligibility hinges heavily on distinctiveness. The more unique your mark, the easier it is to register and protect. If you’re unsure about your mark’s strength, conducting a trademark registration search can help identify potential conflicts and determine whether your idea is already in use.
Beyond Names: What Else Can Be Trademarked?
In addition to traditional trademarks like names and logos, other brand identifiers may also qualify:
- Sounds: Like NBC’s chimes or the MGM lion roar
- Colors: Think Tiffany & Co.’s iconic blue
- Scents: Rare, but possible—such as a floral fragrance used in sewing thread
These types of trademarks must be inherently distinctive and strongly associated with your brand.
Final Thoughts
Understanding what can be trademarked gives your brand a powerful edge. From trademark names to trademark slogans and logos, protecting your intellectual property sets the foundation for long-term success. Before you apply, ensure your mark is unique, eligible, and compliant with USPTO trademark rules.
Ready to secure your brand? Start by identifying your mark’s eligibility and running a thorough trademark registration search to avoid legal conflicts.
