You can trademark a name, logo, slogan, and in some cases even a sound, color, or product shape, as long as it identifies the source of your goods or services and isn’t just a generic description of what you sell. That’s the core rule the USPTO applies to every application. But knowing the general rule and knowing whether your specific name or design actually qualifies are two very different things, and that gap trips up a lot of business owners.
Let’s go through what’s actually trademarkable, what usually gets rejected, and where the line sits in between.
Words, Names, and Phrases
This is the most common category. Business names, product names, and taglines can all be trademarked, provided they’re distinctive enough. The USPTO ranks names on a spectrum, from strongest to weakest:
- Fanciful or invented words, like a made-up brand name, get the strongest protection.
- Arbitrary names, real words used in an unrelated context, also register easily.
- Suggestive names, which hint at a benefit without describing it directly, usually qualify too.
- Descriptive names, which just describe the product itself, are much harder to register unless they’ve built up strong public recognition over time.
- Generic terms, the common name for the product category, can never be trademarked at all.
A name like “Crisp Apple Chips” for a chip brand would likely struggle, since it just describes the product. A made-up word or an unrelated real word tends to sail through review much more smoothly.
Logos and Designs
Logos are trademarkable too, and they’re reviewed a bit differently than word marks. A logo needs to be distinctive on its own, not just a common shape or a simple design element that other businesses in your field already use.
You can register a logo by itself, a name by itself, or both together as a combined mark. Filing them separately actually gives you more flexibility, since it lets you update your logo design later without losing protection over the name.
Slogans and Taglines
Short phrases used to promote a brand can be trademarked, but only if they function as a source identifier rather than as ordinary advertising language. A slogan that’s just a generic claim, something like “quality you can trust”, is unlikely to register, since it’s too common and doesn’t point specifically to one business.
Sounds, Colors, and Product Shapes
Less common, but real. A distinctive sound used consistently in commerce, a specific color applied to a product in a way that customers instantly associate with one brand, or an unusual product shape can all be registered. These cases are harder to prove because you generally need to show that consumers already connect that sound, color, or shape with your business specifically, not just that it looks nice or sounds catchy.
The USPTO’s trademark basics page covers these less common categories in more detail if you’re considering one of them.
What You Can’t Trademark
A few categories get rejected consistently:
- Generic terms for the product or service itself.
- Marks that are purely descriptive, without acquired distinctiveness over time.
- Names or symbols that are confusingly similar to an existing registered mark.
- Government symbols, flags, and official insignia.
- A living person’s name or likeness, without their written consent.
- Marks considered scandalous, deceptive, or that falsely suggest a connection to a person or institution.
Before filing, it’s worth running your proposed name through the USPTO Trademark Search to see whether something similar already exists in your industry.
Distinctiveness Levels at a Glance
| Category | Example | Registration Odds |
| Fanciful | An invented word with no prior meaning | Strongest, registers easily |
| Arbitrary | A real word used in an unrelated field | Strong, registers easily |
| Suggestive | A word that hints at a benefit indirectly | Good, usually registers |
| Descriptive | A word that directly describes the product | Weak, unless proven distinctive over time |
| Generic | The common name for the product category | Never registrable |
Choosing a Name That’s Actually Trademarkable
If you’re still picking a name, lean toward something fanciful, arbitrary, or suggestive rather than descriptive. It’s tempting to pick a name that spells out exactly what you sell, since it feels easier for customers to understand right away. But that same clarity usually makes the name much harder to protect legally, and it puts you in a weaker position if a competitor starts using something similar down the line.
It also helps to search for conflicts early, well before you’ve built a logo, printed signage, or launched a website. Finding out a name isn’t available after you’ve already spent money on branding is one of the more expensive lessons a new business can learn.
Frequently Asked Questions
Can I trademark a single common word?
Sometimes, if it’s used in a way that’s unrelated to its normal meaning. A common word used arbitrarily, meaning it has nothing to do with what you’re selling, can often be registered, while that same word used descriptively for your actual product usually can’t.
Can two businesses trademark the same name?
Yes, in some cases. If the businesses operate in completely unrelated industries with no realistic chance of confusing customers, both may be able to register the same name in their own separate classes.
Do I need to already be using a name to trademark it?
Not necessarily. You can file an intent-to-use application with the USPTO before you’ve launched, which reserves your place in line, though you’ll need to show actual use in commerce before the registration is finalized.
Can I trademark my own name?
Yes, personal names can be trademarked when they’re used to identify a business or product line, which is common with fashion labels, consulting firms, and personal brands. It still has to function as a source identifier, not just appear somewhere on the product.
How long does trademark protection last once registered?
Indefinitely, as long as the mark stays in active use and the owner files the required renewal and maintenance paperwork with the USPTO on schedule. There’s no fixed expiration date built into the registration itself.
Figuring out what you can trademark comes down to one central question: does this name, logo, or design point to your business specifically, or does it just describe what you’re selling? The more distinctive and specific it is, the stronger your case. Spend a little time thinking through that distinction before you settle on a name, and you’ll save yourself a lot of trouble down the road.
This article is for general informational purposes only and isn’t legal advice. Trademark eligibility depends on the specific facts of each case, so talk to a licensed trademark attorney before making a final decision.