Untrademarkable

Un-trademarkable describes a term, symbol, or design that, by legal standards, cannot be registered as a trademark. This typically occurs when the element is considered generic, descriptive, or functional in nature, preventing it from uniquely identifying and distinguishing goods or services from one source. It also includes aspects that are deceptive or disparaging, or those that infringe upon existing trademarks, copyrights, or patents. Furthermore, the use of immoral, deceptive, or scandalous matter, and designs that are merely decorative can also render something un-trademarkable. The intent is to protect both consumers and businesses by preventing the monopolization of common language or features necessary for a specific industry.

Untrademarkable meaning with examples

• The term 'smartphone' is considered un-trademarkable due to its generic and descriptive nature; the term is used by many businesses in the market. No single company can claim sole right to it. Therefore, any attempt to trademark the word will be denied, as it is common for the product. Instead, more specific or fanciful names are used, like 'iPhone' or 'Galaxy', that don't directly describe the item.
• A manufacturer tried to trademark the shape of a common bottle. However, the shape was denied for registration, as it's deemed functional. Such a shape serves a necessary purpose, in holding and dispensing liquid. Allowing its trademark would impede fair competition among all companies who sell liquids in bottles. Functional shapes are therefore deemed un-trademarkable.
• Using an existing company's logo in a deceptive way or trying to register a trademark that’s confusingly similar to an already registered trademark is un-trademarkable. This includes logos, product names, and even color schemes that are likely to cause consumer confusion. Legal protection is thus offered to the original trademark holder to prevent consumer confusion and unfair competition.
• Generic terms such as 'fresh bread' cannot be trademarked. They describe products in a commonplace, descriptive manner. If a bakery tries to trademark the name 'fresh bread' the application is deemed un-trademarkable, as it would prevent other bakeries from accurately describing their products, affecting commerce.
• A company attempted to trademark a design feature that was actually essential to the functionality of its product. This was rejected by the trademark office because it's un-trademarkable. This is because it prevents other companies from competing fairly and offering products with a similar or better functionality for a similar market.