What is Trademark-Able?

Just about everything, so long as you use it commercially to identify the source of your products, and so long as it is not “confusingly similar” to a competitor’s mark.

Company Name and Slogan – “Nike” and “Just Do It”

Domain Names – godaddy.com

Colors – Tiffany’s blue, T-Mobile pink

Sounds – MGM Studio’s lion roar

Smells – Only if the smell isn’t “functional” (ie – fragrances don’t count). A trademark is registered for a plumeria scent for a company that sells plumeria scented yarn.

Product Packaging – The Coca-Cola Bottle

Restaurant Decor – Think classic Taco Bell, KFC, McDonald’s storefronts.

The key is to remember that sometimes it is not so much what is being sought for a trademark registration, but how you use it.

– ck

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