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What Can You Trademark? A Beginner’s Guide



When building your brand, you might wonder: what exactly can you trademark? Understanding what qualifies for trademark protection can save you time and ensure you’re investing in the right assets. In this post, we’ll explore the types of things you can trademark and how they benefit your business. By the end, you’ll have a clear idea of how to secure the most important parts of your brand.


Common Items You Can Trademark

  1. Business Names: Protect the name your customers associate with your business. This ensures that no competitor can operate under a similar name, reducing confusion in the market.

  2. Logos: A unique design or symbol representing your brand. A strong logo is often the most recognizable part of a brand’s identity.

  3. Slogans: Memorable phrases that define your brand (e.g., “I’m Lovin’ It”®). A great slogan connects emotionally with your audience and reinforces your message.

  4. Product Names: Unique names for your goods or services. Trademarking product names ensures competitors cannot imitate or capitalize on your products.

  5. Sounds: Distinctive audio, such as NBC’s chimes. Sound trademarks are an excellent way to create an emotional connection with your audience.


Uncommon Trademark Examples

In addition to the common items listed above, trademarks can cover less conventional elements of branding. For example:


  • Colors: Tiffany Blue® is a registered trademark.

  • Packaging Shapes: Coca-Cola’s iconic bottle shape is trademarked.

  • Motion: The movement of Lamborghini’s scissor doors is trademarked.


What Cannot Be Trademarked?

Some things cannot be trademarked, including:

  • Generic terms (e.g., “Milk” for a dairy brand).

  • Descriptive terms without distinctiveness (e.g., “Fresh Bread” for a bakery).

  • Deceptive marks (e.g., “Organic” for non-organic products).

  • Common phrases or symbols widely used in the public domain.


How to Choose What to Trademark

Focus on the elements of your brand that set you apart from competitors. Consider what customers associate most with your business. Strong trademarks are unique, memorable, and relevant to your industry. It’s also wise to seek professional advice to identify the best assets to protect.


Conclusion

Knowing what you can and cannot trademark is the first step toward protecting your brand. By securing trademarks for the essential elements of your business, you’re safeguarding its future and enhancing its value. If you’re ready to secure your unique business assets, let’s get started with your trademark registration today. Don’t wait—the sooner you protect your brand, the better positioned you’ll be for success.

 
 
 

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