What names cannot be trademarked?
Asked by: Brooks Bartell | Last update: March 15, 2026Score: 4.9/5 (75 votes)
You generally can't trademark names that are generic (like "Coffee" for coffee), descriptive (like "Best Plumber" for plumbing), geographic (like "Orlando Roofing"), or common surnames (like "Johnson" for a business) unless they gain distinctiveness through use, plus names that are misleading, functional, or government/protected symbols (like the Red Cross or Olympic). Names of living people, official insignia, and marks that cause confusion with existing trademarks are also typically prohibited, as trademarks need to identify a unique source of goods or services.
What names can you not trademark?
You can't trademark names that are generic (like "Coffee" for coffee), merely descriptive (like "Fast Shipping" for delivery), misleading, or that use official government symbols or names; surnames are difficult unless widely recognized, and offensive terms are generally prohibited, all to keep common language and essential product descriptors open for public use.
Is Taylor Swift's name trademarked?
Yes, Taylor Swift has a massive trademark portfolio protecting her name, albums (like Midnights, 1989), iconic lyrics ("This Sick Beat," "The Old Taylor Can't Come to the Phone Right Now"), tour names, and even her cats (Meredith, Olivia, Benjamin) and fan terms ("Swifties," "Swiftmas") for various products and services. Her proactive strategy covers a wide range of merchandise and commercial uses to maintain brand control.
What names Cannot be copyrighted?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks.
Is Kool-Aid trademarked?
One says that government regulators complained that “Ade” was reserved for fruit juice products, so the name became “Aid.” The other states that “someone threatened to sue Edwin if he used the original name.” The “Kool-Aid” name was trademarked in 1934, again by Perkins Products.
Can I Trademark a Common Word or Phrase as a Product Name or Brand Name?
Can I mention Coca-Cola in my book?
Editors are frequently asked whether it's permissible for writers to mention product or business names in books. The short answer is yes.
Is Jell O trademarked?
"Jell-O" is a registered trademark of Kraft Heinz, and is based in Chicago, Illinois.
Why is Nutella an illegal name?
He said in his ruling that the name Nutella was the trade name of a spread that is commonplace in Gallic homes. "And it is contrary to the child's interest to have a name that can only lead to teasing or disparaging thoughts," he pronounced.
What is the rule 37 of trademarks?
Further, Rule 37 of Trade Marks Rules, 2017 states that an applicant for registration of a trademark may, whether before or after acceptance of his application but before the registration of the trademark, apply in Form TM-M accompanied by the prescribed fee for the correction of any error in or in connection with his ...
What 11 names are banned in the US?
Here is the list of 11 the banned baby names:
- King.
- Queen.
- Jesus Christ.
- III.
- Santa Claus.
- Majesty.
- Adolf Hitler.
- Nutella.
What has Beyoncé trademarked?
Beyoncé has also trademarked “#beyGood” as well as “BEYGOODFORBURUNDI” – a partnership with UNICEF to provide children in Burundi, East Africa access to safe, sustainable water. The wordmark for “BeyGOOD” was filed in 2017 and officially registered in 2020.
Which is better, TM or R?
Use ™ (TM) for an unregistered trademark to claim rights to a brand name or logo in commerce, signaling you intend to own it; use ® (R in a circle) only after your trademark has been officially registered with a national patent and trademark office (like the USPTO) for full legal protection and nationwide rights. Using ® prematurely is misleading, while ™ establishes your common law rights and deters infringement before formal registration.
What did Travis Kelce give Taylor for her birthday?
For Taylor Swift's 35th birthday in December 2024, Travis Kelce reportedly spent around $175,000 on luxury gifts, including a Rolex, Tiffany & Co., and Van Cleef & Arpels jewelry, along with dozens of boxes of roses, to make her milestone birthday "special," though he's given other lavish presents for different occasions, like Christmas 2025.
What names can you legally not use?
Derogatory or obscene names are banned in California. Only the 26 characters of the English alphabet are allowed, which rules out umlauts and others. Pictographs such as smiley faces or ideograms such as a “thumbs-up” sign are specifically banned.
What word did Kim Kardashian try to trademark?
Kim Kardashian is again brewing up a social media storm – this time over her application to trade mark the word “Kimono” for her new range of shapewear.
How to tell if a name is trademarked?
To check if a name is trademarked, start with the USPTO's TESS database, searching for exact and similar terms in your industry, then expand your search to your state's Secretary of State database, Google for common law uses, and international databases like WIPO, as a full search requires checking federal, state, common law, and international registers for similar marks in related goods/services.
How long does a trademark last?
Trademarks do not have expiration dates.
A federal trademark lasts 10 years from the date of registration, with a potentially unlimited number of 10-year renewal terms. So, every 10 years, the owner of a federal trademark registration must renew it with the U.S. Patent and Trademark Office (USPTO).
What are the 4 types of trademarks?
The four main types of marks registered with the USPTO are Trademarks, Service Marks, Certification Marks, and Collective Marks; however, marks are also categorized by strength (fanciful, arbitrary, suggestive, descriptive, generic), which determines protection levels, with fanciful (like Kodak) being strongest and generic (like "Aspirin") having none.
What is the rule 45 in trademark?
Rule 45:Evidence in support of opposition— (1) Within two months from service of a copy of the counterstatement, the opponent shall either leave with the Registrar, such evidence by way of affidavit as he may desire to adduce in support of his opposition or shall intimate to the Registrar and to the applicant in ...
Why is the baby name 1069 illegal?
1069 is considered an illegal baby name in some U.S. states because it's a number, and many jurisdictions prohibit numerals, symbols, or names that could cause administrative confusion or ridicule, stemming from court cases in states like North Dakota and Minnesota that denied requests for purely numerical names. Courts ruled that numbers aren't suitable for legal identification and can create issues with forms and databases, although the specific number 1069 gained notoriety from a man's failed attempt to legally change his name to it in the 1970s.
What are some surprisingly illegal names?
Examples of banned baby names in different countries
- King, Queen, Prince, Princess (New Zealand, US)
- Adolf Hitler (Germany, US)
- Messiah (US)
- Nutella (US)
- @, 1069 (US)
- Sex Fruit (New Zealand)
- Robocop (Mexico)
- Metallica (Sweden)
Can I name my kid Skibidi?
You can technically name a child "Skibidi" in many places, but it's strongly discouraged by naming experts and even governments (like Malaysia's) due to the name's origin in a viral, nonsensical meme, making it highly likely to cause teasing, confusion, and potential distress for the child, potentially leading to bullying or social difficulties.
Can Jews have Jell-O?
According to Jewish dietary laws, "If something is not a food, it cannot be non-kosher." Therefore, according to Rabbi Novoseller, gelatin is kosher, regardless of animal species and slaughter method.
Is OREO a trademark?
OREO is a trademark of Mondelēz International group, used under license. OREO and the OREO Wafer Design are trademarks of Mondelēz International group, used under license.
Does Jell-O have horse hoof in it?
No, Jell-O isn't made from horse hooves, but the rumor stems from the fact that its key ingredient, gelatin, comes from animal collagen, usually from cows and pigs, but sometimes from horses, extracted from bones, skin, and connective tissues, not hooves, which are made of keratin. So, while it doesn't come from hooves, it does come from other animal parts, which is why it's not vegetarian or vegan.