What Can and Cannot Be Trademarked: Clear Rules & Examples

Not everything that looks like a trademark can actually be registered. In practice, many trademark applications fail not because the idea is bad, but because it falls outside what trademark law allows.

This guide focuses on what can and cannot be trademarked in real-world situations, why applications are commonly rejected, and how to spot potential issues before filing, especially if you plan to protect your brand internationally.

What Can Be Trademarked?

Trademarks are not limited to business names or logos. In fact, trademark law allows a wide range of signs to be protected, as long as they help consumers identify the commercial origin of goods or services.

In everyday practice, the most common registrable trademarks include words and brand names, logos and symbols, and combination marks that merge both elements. These are the types of trademarks most businesses rely on, as they are easy to recognize and enforce.

In some cases, trademark protection may also extend to shapes, packaging elements, or specific colors, provided they are clearly defined and sufficiently distinctive. Certain jurisdictions even allow non-traditional trademarks, such as sound marks (for example, jingles or audio signatures), although these tend to face stricter examination and are less common overall.

The key point is that being capable of functioning as a trademark does not guarantee registration. That distinction becomes critical when looking at what cannot be trademarked.

What Cannot Be Trademarked and Why Applications Are Often Rejected

Trademark offices around the world apply similar legal principles when examining applications. Below are the most common reasons why trademarks are refused, even when they appear valid at first glance.

Trademarks That Conflict With Existing Rights

One of the most frequent grounds for refusal is the likelihood of confusion with an earlier trademark.

If a proposed mark is identical or too similar to an existing one, whether in appearance, pronunciation, meaning, or overall commercial impression, it may be refused outright or opposed by the earlier rights holder. This can happen even when the spelling differs slightly or when the words are translated versions of each other.

In practice, many applicants only discover this problem after filing, which often leads to objections, delays, or additional costs. This is why conflicts with existing trademarks remain one of the most common and avoidable reasons for refusal.

A professional trademark search carried out before filing can help identify these conflicts early and clarify whether registration is realistically possible.

Generic Terms

Generic terms are one of the clearest examples of what cannot be trademarked.

A term is considered generic when it directly names the product or service itself, rather than indicating who provides it. Allowing a business to monopolize such terms would prevent competitors from accurately describing their own offerings.

For example, attempting to register “Apple” for fruit or “Shoes” for footwear would almost certainly fail. These words identify the product category, not a specific commercial source.

Even long-term use of a generic term does not usually change this outcome. Trademark law prioritizes fair competition over brand exclusivity in these cases.

Descriptive Trademarks

Descriptive trademarks sit in a gray area and are a frequent source of confusion for businesses.

A mark is considered descriptive when it directly refers to a quality, feature, purpose, or characteristic of the goods or services. When a trademark consists only of such descriptions, trademark offices are likely to refuse it.

For instance, “FAST CAR” would probably be rejected for cars, since speed is a common characteristic of that product category. By contrast, a mark like “TASTY CARS” could potentially be accepted, as taste is not something consumers normally associate with cars.

This distinction between descriptive and distinctive marks plays a major role not only in registrability, but also in how strong a trademark will be once registered.

If you want to explore this in more depth, you can read more in our guide: » What makes a strong trademark?

Deceptive or Misleading Trademarks

A trademark cannot be registered if it is likely to mislead consumers.

This includes marks that create false impressions about:

• the nature or quality of the product,
• its composition, or
• its geographic origin.

For example, using a geographic name that falsely suggests where a product comes from may result in refusal. Trademark law aims to protect consumers from being misled, even if the business intent is not deceptive.

Names, Surnames, and Common Words

Questions about what names cannot be trademarked or what words cannot be trademarked are extremely common, especially among first-time founders.

In many jurisdictions, common surnames are difficult to register on their own because consumers do not automatically associate them with a single commercial source. Similarly, very common words often lack the distinctiveness required for trademark protection unless they are used in a particularly creative or unusual way.

That does not mean names or common words can never be trademarked. The outcome depends heavily on context: how the mark is used, the goods or services involved, and whether consumers are likely to perceive it as a brand rather than a description.

Geographic and Country-Specific Restrictions

Beyond general principles, each country may impose additional restrictions.

For example:

• In the United Kingdom, trademarks may be refused if they include royal symbols, flags, or protected state emblems.
• In Switzerland, national symbols such as the Swiss cross or cantonal coats of arms cannot be registered for goods.
• In Australia, surnames may be refused if they are considered common based on official population records.
• In Saudi Arabia, trademarks cannot be registered for goods or services that are prohibited under local law, such as alcohol or pork products.

These differences become especially relevant when registering a trademark internationally.

Just Because You Can Trademark Something, Should You?

There is an important distinction between what can be trademarked and what actually makes sense to protect.

Some trademarks may technically meet the requirements for registration but offer limited real-world value. Marks that are weak, highly descriptive, or very close to generic terms can be harder to enforce and more vulnerable to challenges from competitors.

In practice, businesses that overlook this distinction often face higher legal costs later, especially when trying to defend or expand their brand. Understanding trademark strength early can help avoid these issues.

How to Know If Your Trademark Can Be Registered

Determining whether a trademark can be registered requires more than a surface-level review. It involves checking existing trademarks, assessing distinctiveness, and considering the specific goods or services involved, often across multiple jurisdictions.

This becomes even more complex when a brand operates internationally, as acceptance in one country does not guarantee approval elsewhere.

If you are ready to move forward, you can explore international trademark registration services to ensure your application is prepared and filed correctly in each relevant jurisdiction.

Quick FAQs

What is the most common reason that a trademark might be rejected?

The most common reason a trademark is rejected is conflict with an existing trademark. If a proposed mark is identical or too similar to an earlier one (visually, phonetically, or conceptually) it may be refused due to a likelihood of confusion.

Other frequent reasons include lack of distinctiveness, descriptiveness, or the use of generic terms.

What words cannot be trademarked?

Words that are generic or purely descriptive usually cannot be trademarked.

Generic words name the product or service itself (for example, “Shoes” for footwear), while descriptive words directly describe a quality or characteristic of the goods or services. In both cases, trademark law prevents businesses from claiming exclusive rights over terms competitors need to use.

Other than words and logos, what else can trademarks include?

Beyond words and logos, trademarks can also include shapes, packaging elements, colors, and sounds, as long as they are distinctive and clearly defined.

In some jurisdictions, non-traditional trademarks such as sound marks (for example, jingles) may be registered, although they are subject to stricter examination and are less common.

Can common names or surnames be trademarked?

Common names and surnames can be difficult to trademark on their own because they often lack inherent distinctiveness. Trademark offices may refuse them if consumers are unlikely to associate the name with a single commercial source.

However, names can sometimes be registered if they are used in a distinctive way or have acquired recognition through use.

Can descriptive trademarks ever be registered?

Descriptive trademarks are generally refused if they only describe the goods or services. However, in certain cases, a descriptive mark may become registrable if it acquires distinctiveness through use, meaning consumers have come to recognize it as a brand rather than a description.

This depends heavily on evidence, jurisdiction, and the specific mark involved.

Can the same trademark be accepted in one country and rejected in another?

Yes. Trademark laws vary by country, and a mark that is acceptable in one jurisdiction may be refused in another due to local legal rules, cultural considerations, or existing rights.

This is especially common with geographic terms, surnames, and marks that are close to being descriptive.

How can I know if my trademark can be registered before filing?

The best way to assess registrability is to review existing trademarks, evaluate the distinctiveness of your mark, and consider the specific goods or services it will cover.

Doing this before filing can help avoid refusals, delays, and unnecessary costs, particularly when registering in multiple countries.

Is it worth registering a trademark that is weak or highly descriptive?

In many cases, weak or highly descriptive trademarks offer limited protection, even if they are registered. They can be harder to enforce and more vulnerable to challenges from competitors.

For long-term brand protection, it is often better to invest in a stronger, more distinctive trademark from the start.

When to Ask for Professional Help

If you are unsure whether your name, logo, or sign can be trademarked, or if your case involves descriptive terms, names, or international expansion, it is usually better to ask before filing.

A brief review can help you avoid unnecessary refusals, lost filing fees, and delays in protecting your brand.

If you have questions about your specific situation, feel free to contact us here, our team will be happy to help!