Key takeaways
- Names, logos, and slogans can all be registered — if they identify the source of your goods or services.
- Distinctiveness decides the outcome: coined and arbitrary marks register easily, descriptive ones rarely do without proof of acquired distinctiveness.
- A word mark protects the name in any font; a design mark protects the specific logo. Most brands eventually want both.
- Generic terms, ornamental slogans, and merely informational phrases cannot be registered at all.
What can be trademarked
A trademark is any word, phrase, symbol, design, or combination that identifies the source of goods or services in commerce. For registration, the mark must be used in commerce and must be distinctive enough that consumers recognize it as a brand.
Business or product name
The strongest protection is usually a standard-character word mark. It covers the name regardless of font, color, or logo styling.
Logo or stylized design
Protects the visual appearance of the mark. Useful if the design is distinctive, but it does not protect the underlying words in every form.
Slogan or tagline
Registerable only if it is more than an ordinary advertising phrase. It must identify the source of your goods or services and not merely describe them.
The distinctiveness spectrum
Distinctiveness is the core requirement. The USPTO places marks on a spectrum from strongest to weakest. The stronger your mark, the easier it is to register and enforce.
| Strength | Example | Registration outlook |
|---|---|---|
| Fanciful / arbitrary | Kodak, Apple for computers | Strongest. Usually registers easily. |
| Suggestive | Netflix, Coppertone | Strong. Requires imagination to connect to the product. |
| Descriptive | Cold and Creamy for ice cream | Weak unless it has acquired distinctiveness through long use. |
| Generic | Bicycle for bicycles | Not registerable. The public sees it as the product name. |
Descriptive marks can sometimes register if they have acquired distinctiveness through years of exclusive use and sales. But the safest path is to choose a suggestive or arbitrary mark from the start.
Can you trademark your business name?
Yes, if the name is distinctive and used as a brand for goods or services, not just as a business name. A corporate name registered with the state does not automatically give you trademark rights. Trademark rights come from use in commerce.
- Personal names are generally protectable only if they have acquired distinctiveness, such as through long use or celebrity.
- Surnames face additional scrutiny unless they are clearly distinctive.
- Geographic terms are often descriptive or deceptive, depending on whether the goods actually come from that place.
- Foreign words are translated to English; a foreign generic term may be refused.
Logos and design marks
A logo can be registered as a design mark. The strongest design marks have unique visual elements that consumers associate with a single source. A standard word mark usually gives broader protection than a design mark because it covers the words in any presentation.
Many businesses file both: a word mark to protect the name itself, and a design mark to protect the logo. This dual strategy is more expensive because each class and each mark carries its own USPTO fee, but it creates the widest protection.
Slogans and taglines
Slogans are the hardest to register. The USPTO will refuse a tagline that is merely informational, descriptive, or a common advertising phrase. For example, 'The Best Coffee in Town' is not a trademark — it is puffery.
When a slogan can register
A slogan becomes registerable when it functions as a source identifier, not a description. Think of 'Just Do It' or 'I'm Lovin' It' — phrases that consumers instantly associate with one company. Evidence of long, exclusive use and consumer recognition is usually required.
What cannot be trademarked
- Generic names for the product or service itself.
- Purely descriptive terms that merely describe a quality, ingredient, or characteristic.
- Functional product features that affect the product's use or cost.
- Deceptive or scandalous matter.
- Names, portraits, or signatures of living persons without consent.
- Confusingly similar marks already registered or pending for related goods.
Frequently asked questions
- Should I trademark the name or the logo first?
- Most businesses start with a word mark for the business or product name. A word mark gives the broadest protection because it covers the name regardless of how it is displayed. A design mark protects the logo's specific appearance. Filing both is ideal if the budget allows.
- Can I trademark a slogan before I use it?
- You can file an intent-to-use application for a slogan, but registration still requires proof of use in commerce. More importantly, slogans are often refused as descriptive or informational. The slogan must function as a source identifier in the marketplace.
- Does a state-registered business name give me trademark rights?
- No. State business registration prevents another entity from using the same corporate name in that state. It does not give you national trademark rights or prevent others from using a confusingly similar name in commerce.
- Can I trademark a common word?
- Yes, if the word is arbitrary or suggestive in relation to your goods or services. 'Apple' is a common word but arbitrary for computers. 'Apple' would be generic and unprotectable for apples.