What Names Cannot be Trademarked?

A name’s trademarking is a crucial component in preserving a brand’s identity. All names, though, cannot be trademarked. What can and cannot be trademarked is governed by rules set out by the US Patent and Trademark Office (USPTO). What names cannot be trademarked, how to determine whether a name may be trademarked, whether a name can be protected by copyright, how long a trademark lasts, and what trademarks can be registered are all topics covered in this article. Names that Are Not Trademarkable

A trademark cannot be registered for a generic name or word that describes a good or service. For instance, the name “Apple” is a trademark because it does not accurately define the computers and cellphones it stands for. The name “Computer” cannot be trademarked since it is too general. The term “Pizza” also cannot be trademarked to designate a pizzeria. It is not possible to trademark names that are too close to already registered trademarks. For instance, a corporation called “Appl” would not be permitted to trademark its name since it is too close to “Apple.” The potential of confusion is taken into account by the USPTO when assessing trademark applications. Names that are derogatory or insulting cannot be trademarked. Any trademark that contains offensive, scandalous, or immoral content cannot be registered, according to the USPTO. For instance, the USPTO refused to register the name “F

k You”. How to Determine a Name’s Trademarkability

It is crucial to perform a search to make sure the name is not already protected by a trademark before submitting a trademark application. The Trademark Electronic Search System (TESS), a free online search engine provided by the USPTO, can be used to look up already-existing trademarks. It’s also a good idea to speak with a trademark lawyer who can offer advice on how to register a name. Can a name be protected by copyright?

A name cannot be protected by copyright. Books, music, and other creative works of art are all protected by copyright. A logo or other artistic components connected to a name, however, may be protected by copyright.

A trademark is valid for ten years after it is registered. The trademark may be extended for a further ten years once ten years have passed. The trademark may be renewed forever as long as it is in use.

If a trademark is distinctive, not too similar to other trademarks already in use, and not derogatory or insulting, it may be registered. A term, phrase, logo, design, or any combination of these things can be used as a trademark. The USPTO also permits the registration of trade dress, which refers to a product’s or its packaging’s outward look.

To sum up, not all names are capable of being trademarked. The registration of trademarks for generic names, names that are too close to already-existing trademarks, and abusive or insulting names is not permitted. It is crucial to perform a search before submitting an application for a trademark to make sure the name is available and has not already been trademarked. As long as it is in use, a trademark is valid for ten years and can be renewed forever. Unique names can be registered as trademarks if they are not too similar to already-existing trademarks, are not insulting, and are not derogatory.