What words cannot be trademarked?
Asked by: Duane Adams | Last update: April 2, 2026Score: 4.4/5 (6 votes)
You generally cannot trademark words that are generic (the common name for a product, like "Laptop"), merely descriptive (like "Sweet" for candy), common surnames, or geographical names, as these lack distinctiveness and prevent fair competition; also prohibited are marks that are deceptive, scandalous, offensive, or functional, but descriptive words can become trademarkable if they acquire a unique "secondary meaning" for a brand.
What words can you not trademark?
What Words Cannot Be Trademarked?
- Generic Terms. (Example: “Coffee” for a coffee shop) ...
- Descriptive Terms Without Distinctiveness. (Example: “Best Miami Plumber”) ...
- Geographically Descriptive Names. (Example: “Orlando Roofing Services”) ...
- Surnames (Last Names) (Example: “Johnson Plumbing”) ...
- Common Phrases or Industry Terms.
What things 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)
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 words are not copyrighted?
According to 37 C.F.R. §202.1(a), the following are not subject to copyright: “Words and short phrases such as names, titles, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents.”
Words That Cannot Be Protected As Trademarks
How to check if a word is trademarked?
Check the Trademark Status & Document Retrieval (TSDR) system for the status of any registered or pending trademarks. TSDR is ONLY available on the USPTO Website. Records retrieved using the Trademark Search database have links to the status information.
What cannot be trademarked in India?
Non-distinctive in nature
Marks which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person cannot be trademarked in India.
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 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.
Is Ariana Grande trademarked?
The ARIANA GRANDE trademark is filed in the category of Clothing Products. The company began using the mark in commerce on 31st Jul 2013.
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.
What are the 7 types of trademarks?
There isn't a single, universally agreed-upon list of exactly "7 types," as classifications vary, but common categories focus on what is protected (words, shapes, sounds) or strength/function (fanciful, descriptive), with key types including Word Marks, Service Marks, Logos/Device Marks, Color Marks, Sound Marks, Shape Marks, Certification Marks, Collective Marks, Trade Dress, Pattern Marks, Motion Marks, & Hologram Marks, often categorized by strength like Fanciful, Arbitrary, Suggestive, Descriptive, and Generic.
Is Coca-Cola a trade mark?
Yes, "Coke" and "Coca-Cola" are heavily trademarked by The Coca-Cola Company, covering the name, logos, script, bottle shape (trade dress), and advertising, all to distinguish their products from competitors and protect their brand identity. They own registrations for numerous variations like "Coke," "Coca-Cola," and "Diet Coke".
What is the weakest trademark?
Generic Terms: The weakest of all, generic terms refer directly to the product or service itself, such as “Computer” for a computer store. Generic marks receive no legal protection as they are fundamental terms used by the public.
What are 5 things that can be copyrighted?
Five things that can be copyrighted are literary works (like books/software), musical works, dramatic works, pictorial/graphic/sculptural works (photos, paintings, sculptures), and audiovisual works (movies, videos). Copyright protects original expressions of ideas, not the ideas themselves, covering a wide range of creative content fixed in a tangible form.
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 has Taylor Swift trademarked?
Some of her most iconic lyrics and phrases have also been trademarked – like “Welcome to New York, it's been waiting for you,” “This sick beat,” “Nice to meet you, where you been?” and “The old Taylor can't come to the phone right now.” They're more than lyrics now; they're part of her identity and her business.
What names can't be trademarked?
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.
Who's richer, Taylor Swift or Beyoncé?
Yes, as of late 2025/early 2026, Taylor Swift is considered richer than Beyoncé, with Forbes estimating Swift's net worth at around $1.6 billion, making her the wealthiest female musician, while Beyoncé's net worth is estimated between $700-$780 million, though she also recently became a billionaire through diversified ventures, notes Parade and ABC7. Swift's fortune comes primarily from her music and record-breaking tours like The Eras Tour, while Beyoncé's wealth is built from music, business, and her husband Jay-Z's holdings, making their combined power immense, according to HELLO! Magazine and Parade.
Can I trademark a slogan?
You might also choose to protect a slogan or logo for those goods or services, if you have one. Deciding what you want to protect and to what extent is up to you. You can have a brand, but decide not to protect that brand by registering it as a trademark.
Should I use TM or SM?
If your trademark is not registered with the USPTO: You can use the “TM” Symbol in association with trademarks that are used with goods and/or services. You can also use the “SM” Symbol in association with trademarks that are primarily used with services. Or, you can choose to use no symbol at all.
Can I use brand registry without a trademark?
To enroll a brand in Brand Registry, your brand must have an active registered trademark or a pending trademark registration.
What symbols Cannot be trademarked?
What Can't Be Trademarked?
- Generic vs. Distinctive Terms.
- Descriptive Marks and Secondary Meaning.
- Scandalous, Disparaging, or Personal Names.
- Government Symbols and Insignia.
- Confusingly Similar Marks.
- Trade Dress and Functionality.
- The Bottom Line.
What is the cost of registering a trademark in India?
Trademark Filing Cost in India @INR4500/-* per mark per class. The trademark filing cost or official fees in India is as follows: The official fee for filing one trademark in one class is INR 4500 for a MSME or Start-up or individual. The official fee for filing one trademark in one class by a company is INR 9000/-.
Can I sell without a trademark?
The short answer is: You don't need a trademark to start selling — but if you're serious about building a sustainable brand, you absolutely should have one. In this guide, we'll explore why a federal trademark isn't just a smart move, but often essential for long-term success on Amazon.