I’m all for protecting your brand (or program, product, things — you get it), but there are things you can’t actually trademark.

Will you ever find yourself dealing with trademark rejection even if you don’t include any of these things? Possibly. But these are the absolute NOs, the ones you don’t even try to file.

What Can’t Be Trademarked?

Honestly, there’s not a lot that can’t be trademarked. 

I also want to make it very clear that I’m not including things that could be registered with another federal protection agency — like copyright or patent protection. 

Otherwise, these are things you should generally avoid if you want to get a trademark:

Generic Terms

Trademarks have to have some level of distinctiveness from other words and phrases used to describe similar products and services. A generic term is anything that’s not considered distinct enough to trademark. 

For example, you can’t trademark the word “t-shirt” but could try for something more distinctive, like “Sally’s T-Shirt Shop.”

Deceptive or Misleading Words

Pretty much anything that could suggest a component, ingredient, or objective would mislead consumers. Think trying to trademark “Animal Free Nuggets” but they’re made out of chicken — a little misleading don’t you think?

Descriptive Terms

This is a tricky one (and when in doubt, always consult a trademark attorney), but descriptive terms are not generally granted trademark protection. Descriptive marks describe the characteristics of the service or product itself.

A few examples to picture are “sweet chocolate,” “comfy chair,” “warm hoodie,” etc.

Flags and Seals of Countries or States

I’ll say I’m definitely curious what you wanted to trademark (and why) if this one foiled your plans, but unfortunately, you can’t trademark the flags or seals of countries and states.

A Person’s Name (Without Consent)

Everyone has the right to privacy and the right to control how their name, likeness, and identity is used. If you’re trying to trademark what appears to be the name, signature, or portrait of a particular living individual, you’ll need written consent of said individual.

No consent, no trademark.

Something Already Trademarked

Obvious, but I had to add it. In most situations, if something is already trademarked and it’s in the same class as what you want to trademark, it’s gonna be a no.

What Can Be Trademarked?

It’s not the end of the world if you wanted to trademark something that ticked on of the boxes from above — there are plenty of things you CAN trademark. Trademarking was meant to identify a brand, and you have to keep that in mind when you’re trying to register. 

And, when in doubt (or when you want to make sure it’s done right on the first go-round), consult or work with a trademark attorney, like us. 

Not ready to trademark, but not sure where to start? Download the Lethal Guide to Legal Success and learn how to bulletproof your brand, business, and bank account.