Answers
What can i trademark?
You can trademark many “brand” things—like names, logos, and slogans—but not just any idea. Here’s a plain-language guide to what’s usually trademarkable in the US and what to watch for.
Start with the big idea: trademark protects branding, not the invention
A trademark is a name, phrase, symbol, or design that helps consumers tell one brand’s goods or services apart from another brand. Trademarks can protect brand identity, not the underlying technology or the invention itself.
If you’re trying to protect “how it works,” that’s often a different topic (like patents). If you’re trying to protect your product name, logo, or brand slogan, trademark may be the right tool.
In the US, trademark applications are handled by the USPTO (United States Patent and Trademark Office). You can learn the basics at [USPTO trademark resources](https://www.uspto.gov/trademarks).
What you can usually trademark (common examples)
Most trademark owners apply for signs of branding such as:
- A word mark: letters/words (example: a brand name)
- A logo or design mark: a stylized image or graphic
- A slogan or tagline: short marketing phrases
- Trade dress (certain product packaging/appearance): when it functions as an identifier of source
- Sometimes product shapes or packaging: only when they function like a brand identifier
You generally need the mark to be used in commerce (meaning used in connection with selling or offering goods/services). A trademark does not exist just because you had an idea for a name.
What you usually cannot trademark (or may be harder to register)
Many people try to trademark ideas, features, or descriptive wording. In general, the USPTO may reject marks that are:
- Merely descriptive of the goods/services (for example, directly describing what you sell)
- Generic (the common name of the product or service)
- Confusingly similar to an existing registered mark or a pending application for related goods/services
- So “ornamental” that it doesn’t function as a brand identifier
If your mark is descriptive, you might still have options if it has acquired “distinctiveness” through use over time—but each case is different.
How “distinctiveness” affects what you can trademark
Trademark law often looks at how distinctive your wording or design is. In simple terms, stronger marks are easier to protect.
Fanciful or arbitrary marks (invented words or unusual use of existing words) are often the easiest. Suggestive marks can also be easier. Descriptive marks generally need more evidence to show they identify your brand specifically.
If you’re unsure where your mark falls, a licensed trademark attorney can help you assess your wording, compare it to similar marks, and choose a solid filing strategy. We help you find and connect with a licensed professional at /get-matched/.
The trademark search question: avoid conflicts before you file
Before applying, it’s smart to do a search to reduce the chance of a refusal based on “likelihood of confusion.” This usually means the USPTO decides whether consumers might think two marks come from the same source.
A good search typically checks:
- Exact spelling and variations of your wording
- Similar-looking logos or similar designs
- Similar meanings and sound-alike phrasing
- Related classes of goods/services
The USPTO has tools for searching trademarks. Start with [USPTO trademark search](https://www.uspto.gov/trademarks/search).
If you tell us what you’re trying to brand, we can help you find next steps
FiledClaim is not a law firm and we don’t provide legal advice. But we can help you understand common trademark categories and what information you’ll typically need to move forward.
If you share a non-confidential description of your mark (for example, the type of mark: name/logo/slogan) and what you sell, we can help you find a licensed trademark attorney or other qualified professional at /get-matched/. You can also explore our resources at /guides/ and see our services at /services/.
You can often trademark names, logos, and slogans that identify the source of your goods or services, but you can’t trademark ideas or generic/descriptive terms easily.
Common questions
Can I trademark an idea for a product or invention?
Usually, no. A trademark protects brand identity (like a name, logo, or slogan), not the underlying product or invention itself. For invention protection, patents are often the better fit.
Can I trademark a product name that describes what it does?
It may be possible, but descriptive wording is often rejected or needs evidence of acquired distinctiveness. A trademark professional can evaluate whether your specific wording is descriptive, suggestive, or more distinctive.
What about trademarking a logo I made in a design app?
In many cases, you can. Logos often qualify as trademark designs if they function as a brand identifier for your goods or services. You’ll typically need to submit the logo and information about how you use it.
Can I trademark my company name?
Sometimes. A company name can be trademarkable if it’s used as a source identifier for goods or services. Note: a business name registration with a state is not the same as federal trademark rights.
Do I need to register a trademark to have rights?
Trademark rights can exist through use, but registration with the USPTO can provide additional benefits. Whether federal registration is a good move depends on your goals, geography, and risk tolerance.
How do classes of goods/services affect trademark eligibility?
Trademarks are filed for specific goods or services categories. Even if two marks are similar, they may differ enough depending on the goods/services. Choosing the right goods/services description is important.