While trademarks offer valuable protection, not all words can be trademarked. The USPTO has established several categories of untrademarkable words:
Generic Words: Generic terms that describe a product or service cannot be trademarked. For example, it would be impossible to trademark the word “car” for an automobile brand.
Descriptive Words: Words that merely describe a product or service in a straightforward manner are also ineligible for trademark protection. For instance, “creamy” cannot be trademarked for a dairy product.
Surnames: Generally, surnames cannot be trademarked unless they acquire a secondary meaning that associates them with a specific product or service. However, common surnames like “Smith” or “Johnson” are unlikely to meet this requirement.
Geographical Names: Geographical names that primarily indicate a location cannot be trademarked. For example, “Paris” cannot be trademarked for a clothing brand.
Comment