If you’re building a business in California, protecting your brand is a must. But before you file that trademark application, it’s important to understand what words cannot be trademarked.
At CANEI, we help entrepreneurs and business owners avoid common trademark pitfalls. One of the first—and most crucial—steps is making sure your name, slogan, or phrase is actually eligible for trademark protection.
In this guide, we’ll break down what words cannot be trademarked under U.S. law and what California businesses need to know in 2025.
Why It’s Important to Know What Words Cannot Be Trademarked
Filing for a trademark with the USPTO (United States Patent and Trademark Office) isn’t just about submitting a name you like. You have to ensure the word or phrase meets the legal criteria for trademark protection.
Knowing what words cannot be trademarked helps you:
- Avoid rebranding costs
- Strengthen your application
- Secure exclusive rights to your mark
- Prevent legal disputes
Let’s explore the main categories of words and phrases that are not allowed.
1. Generic Terms
Generic words describe the general class of a product or service. These cannot be trademarked because they’re too common and needed for everyday business use.
Examples:
- “Shoes” for a footwear store
- “Burgers” for a fast-food chain
- “Phone” for a tech product
You can’t trademark a word that everyone in your industry needs to use.
2. Descriptive Words Without Distinctiveness
Descriptive words tell consumers something about the product’s features or qualities. Alone, they cannot be trademarked unless they’ve gained what’s called secondary meaning—where consumers directly associate the term with your business.
Examples:
- “Crunchy” for granola
- “Fast Delivery” for a courier service
- “Silky Skin” for skincare
Over time, if customers begin to link that descriptive phrase specifically with your brand, it might become eligible.
3. Deceptive or Misleading Words
Trademarks must be honest. If a word misleads consumers about your product’s quality, ingredients, or origin, it cannot be trademarked.
Examples:
- “Organic Beauty” for non-organic products
- “Swiss Timepieces” for watches not made in Switzerland
- “Gold Standard” when there’s no actual “gold” or standard met
These terms can be rejected for causing confusion or giving a false impression.
4. Immoral, Scandalous, or Offensive Language
Though legal standards have shifted in recent years, many immoral or offensive words cannot be trademarked, especially if they involve profanity, hate speech, or content considered socially inappropriate.
Examples:
- Vulgar terms
- Discriminatory language
- Racial or ethnic slurs
Some borderline cases may still get approved after court challenges, but it’s a risky route for your brand image and legal standing.
5. Common Names and Surnames
Common first names and last names usually cannot be trademarked unless they’ve developed strong commercial recognition.
Examples:
- “Smith Plumbing”
- “Sarah’s Salon”
- “Johnson & Co.”
Why? Because these are widely used and don’t clearly identify you as the unique source of goods or services.
6. Geographic Descriptions
Words that simply describe a geographic origin—like where your business is located or where a product is made—cannot be trademarked unless they’ve taken on a unique identity.
Examples:
- “California Wine”
- “Napa Naturals”
- “LA Bakes”
If the name becomes well-known and associated only with your business (think “Napa Auto Parts”), it might become eligible over time.
7. Confusingly Similar to an Existing Trademark
If your proposed trademark is too close to an existing one, especially in the same industry, it cannot be trademarked. The USPTO will deny your application to avoid consumer confusion.
Examples:
- “Appul” for tech products (confuses with Apple)
- “McDeli” for food services (confuses with McDonald’s)
- “Nikkee” for sneakers (confuses with Nike)
Before applying, always conduct a proper trademark search or consult an attorney.
Recap: What Words Cannot Be Trademarked?
Here’s a quick checklist of what words cannot be trademarked in 2025:
- Generic terms
- Descriptive words (without distinctiveness)
- Deceptive or misleading names
- Immoral or offensive language
- Common names or surnames
- Geographic descriptions
- Words confusingly similar to existing marks
By avoiding these, you increase your chances of registering a strong, enforceable trademark.
How CANEI Helps You Avoid Rejection
At CANEI, we work closely with California entrepreneurs, startups, and franchisors to ensure every trademark application is built for success.
We help you:
- Conduct a detailed trademark search
- Evaluate the strength of your name or logo
- File your application with the USPTO
- Handle responses or office actions if issues arise
Don’t guess your way through trademark law—get it right the first time with our legal team by your side.
Need Help Choosing the Right Name?
Understanding what words cannot be trademarked is the first step. The next? Making sure your name or slogan stands up to legal scrutiny.
Want a deeper breakdown of what makes a good trademark—and what to avoid?
📘 Download Dan’s free trademark book: Making Your Mark
It’s packed with practical advice, real-world examples, and tips on how to protect your brand in California and beyond.
👉 Get your free copy here: https://mytmbook.com/free-tm-ebook
