What Cannot be trademarked? (2024)

What Cannot be trademarked?

The following things cannot be registered as trademarks: Deceptive Words, Names, Phrases, Slogans (they are misleading) Merely Descriptive Words (e.g., Best ice cream, Red car) Merely Decorative Features (they don't identify source)

Descriptiveness / lack of distinctiveness: Terms that literally describe items as they are ("tomato," "beer," "copper" or any other common word) cannot be trademarked as they must be reserved for general use. Similarly, marks that fail to indicate a particular commercial enterprise to consumers will not be registered.

A trademark application can be refused if it consists of words or phrases that describe the characteristics, qualities, or features of the product or service. For example, the words "soft", "fresh," or "natural" cannot be registered as a trademark as they are commonly used to describe many products or services.

Section 9 (1) Non-distinctive mark- Section 9(1) (a) states that if a mark is not capable of distinguishing the goods and/or services of one person from another, then it is considered non-distinctive and descriptive in nature, and cannot be registered.

Any vulgarity, profanity, or imagery viewed as racist or offensive is unlikely to be officially trademarked. In some jurisdictions, there might be an issue with trademark signs promoting the recreational use of drugs.

A common misconception is that having a trademark means you legally own a particular word or phrase and can prevent others from using it. However, you don't have rights to the word or phrase in general, only to how that word or phrase is used with your specific goods or services.

Anyone can use a TM symbol regardless of whether they've successfully registered the trademark, or whether they've applied for a trademark at all. Even if the trademark application is rejected, the owner can continue to use the TM symbol.

Can you start a business without a trademark? The short answer is yes. The longer answer is that it depends on what you want for your business. How much protection do you want for the products and services you provide?

You can sell products or offer services in the United States without having a registered trademark. So you might ask, why should I register my trademark? There are several reasons why registering your trademark is a good idea.

Can I trademark a slogan?

Can I trademark a phrase or slogan? Yes, it is possible to trademark a phrase or slogan if it meets the necessary requirements for trademark protection. To be eligible, the phrase or slogan should be distinctive, non-generic, and capable of identifying the source of goods or services.

A person or company should never use a trademark or logo without written permission from its owner. To get permission and avoid trademark infringement, write a letter to the trademark owner.

Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other original works (like history tests, and software code). Trademarks can protect the use of a company's name and its product names, brand identity (like logos), and slogans.

A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention.

A trademark must be distinctive in order to serve as a mark — that is, it must be able to identify the source of a specific product. The four categories established by U.S. courts for determining whether a mark is distinctive are: (1) arbitrary or fanciful, (2) suggestive, (3) descriptive, and (4) generic.

Under trademark law's fair use doctrine, you can use another owner's trademark without their permission for purposes such as comparative advertising, news reports, parodies, and criticisms.

This can be any word, phrase, symbol, etc. that identifies the source of a good or a service in commerce. Let me use McDonald's® as a good example. The word “McDonald's” is a trademark.

So, could you trademark 'hot dog'? No.

Well, turns out the term “Yeet” already had a boss, and his name is Kasey Huffman, an independent pro wrestler hailing from West Virginia. Huffman has held the trademark rights to “Yeet” since 2021, and WWE is now feeling the heat.

United States law allows the holders of federally registered trademarks to sue others who use those marks without permission, when the use in question causes a “likelihood of confusion” to actual or potential customers.

How do I know if a word is trademarked?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)'s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

The most common penalty for trademark infringement is an injunction or a cease and desist letter directing the infringer to stop using the trademarked material. It's also possible for criminal or civil penalties to result from an intentional violation of trademark law, although this is rare.

The R symbol indicates that this word, phrase, or logo is a registered trademark for the product or service. It must only be used in the case of registered trademarks and by the owner or licensee. It also must only be used in the regions in which you possess a valid trademark registration.

® – R Symbol

The R symbol signifies that the trademark is registered and enjoys protection from infringement under the Trademark laws. Use of the ® symbol after filing a trademark application or without obtaining trademark registration is unlawful.

Circle-C Symbol: The letter “C” enclosed in a circle (©) is the copyright symbol and is used to indicate copyright protection for original creative works. While it does not indicate trademark rights, it can be used to show that the work itself is protected by copyright law.