What Can Be Trademarked? Examples and Limitations
Trademarks extend beyond names to include a wide range of brand elements. Under U.S. law, you can protect logos, product or company names, slogans, symbols, product packaging and even sounds or scents...
Trademarks extend beyond names to include a wide range of brand elements. Under U.S. law, you can protect logos, product or company names, slogans, symbols, product packaging and even sounds or scents[37]. A strong trademark is any element that identifies your goods or services and distinguishes them from those of others. For example, the siren logo on a Starbucks cup, the five‑note Intel chime and the curvaceous Coca‑Cola bottle shape function as source identifiers. When consumers see or hear these elements they immediately know which company is behind the product.
What Qualifies as a Trademark
Nearly any sensory identifier can function as a mark if it points consumers to a single source. Words and phrases are the most common; a brand name like “Lululemon” or a tagline like “Just Do It” can be registered. Logos, stylized lettering and design elements that appear on packaging or in advertising are also eligible. Auditory marks include short sequences of notes or unique sounds; for example the NBC three‑tone chime and the MGM lion roar. Visual marks can encompass color schemes and gradients. Owens‑Corning’s pink insulation and Tiffany & Co.’s robin‑egg blue boxes serve as examples of colors that have acquired distinctiveness. Unusual marks such as motion sequences, holograms or even scents can also be registered. For instance, the scent of plumeria blossoms applied to yarn was registered as a smell mark. trade dress—the overall look and feel of a product or store—can be protected if it is distinctive and nonfunctional. The layout of an APPLE store and the shape of a Hershey’s Kiss are recognizable and serve as trade dress.
Limitations and Prohibitions
Trademark law does not protect everything. Generic terms, which are the common names for products or services, can never function as trademarks because everyone needs to use them[9]. Descriptive terms that merely describe a feature, quality or ingredient are difficult to register unless you prove that consumers associate them solely with your business[31]. Marks that are immoral, scandalous or deceptive cannot be registered[38]. You also cannot trademark the flag of the United States or any other nation, state or municipality, nor official seals or insignia[38]. Names, portraits or signatures of living individuals require written consent to register[39]. Functional features of a product are excluded because patent law—not trademark law—protects function. For example, if a particular bottle shape makes it easier to pour, that feature is utilitarian and cannot be monopolized through trademark protection. Instead, only nonfunctional aspects such as decorative ridges or ornamental shapes may be eligible as trade dress.
Personal Names and Other Special Cases
Personal names, surnames and geographic terms often fall into gray areas. Surnames are considered descriptive; they may be registered only after you demonstrate secondary meaning. Geographic names that describe the origin of goods may be refused if they mislead consumers or are primarily geographically descriptive. In addition, marks that are laudatory (e.g., “Best Ever”) or that merely praise a product face hurdles because they do not identify a unique source. Acronyms or abbreviations can be registered if they are distinctive and not merely descriptive. When selecting a mark, be mindful of potential cultural or linguistic issues—terms that are harmless in one language may have negative connotations in another.
Building a Diverse Portfolio
Identifying all of the protectable elements of your brand and registering them strategically can strengthen your portfolio. Many companies file separate applications for a word mark and a design mark. Others protect signature sounds, color schemes or packaging shapes. By registering multiple elements, you create layers of protection that reinforce each other. For example, owning the word mark for “BlueWave” and a separate registration for your crest logo prevents competitors from adopting confusing variations. Protecting trade dress or a unique color can deter copycats from mimicking your overall brand aesthetic. Consider whether your marketing uses catchphrases, jingles or color palettes that consumers associate with you. If so, those elements may be valuable assets worth registering.
Next Steps
If you are unsure whether a particular element can be trademarked, consult the USPTO’s rules or a trademark attorney. Ask yourself: does this element indicate the source of my goods or services? Is it distinctive rather than descriptive? Is it nonfunctional and appropriate for trademark law? The answers will guide your decision. Building a diverse portfolio of trademarks—spanning names, logos, trade dress, sounds and colors—creates a robust shield for your brand. It also signals professionalism and care to investors and partners. As you expand, revisit your portfolio regularly to capture new brand assets and maintain your competitive edge.
Sources
[37] Trademarking 101 - SBAM | Small Business Association of Michigan
[38] [39] Trademarks 101