What Can Be Trademarked — And What Cannot?

At first glance, the topic of trademark eligibility seems obvious: Only business and product names can be trademarked. But the reality is a lot more complex. Knowing exactly what Intellectual Property (IP) can be protected with a trademark is pivotal for any creator or organization seeking to promote and defend their brand identity.

The power of a strong trademark cannot be overstated. The right mark, be it the iconic three-point insignia of Mercedes-Benz or Nike's eye-catching "swoosh," can forge a lasting emotional connection between brand and customer.

If you are considering turning your branding elements into registered trademarks, it will be extremely valuable to refresh your memory as to exactly which IP assets qualify for such protection. As is so often the case in such matters, it is important to be particularly mindful of the differences in law between jurisdictions.