Before You Launch: 5 Common Words You Can’t Trademark (and Why You’ll Get Rejected)

Choosing the right name for your business is one of the most exciting parts of launching a brand. But before you print business cards or file that trademark application, you should know this: not all names are eligible for trademark protection.

In fact, every year, hundreds of trademark applications get rejected, often because the name includes a word that can’t legally be protected. And for entrepreneurs and startups, that can be a costly and time-consuming mistake.

At Ayala Law, we’ve worked with many businesses in Florida and beyond to secure strong trademarks and avoid missteps. In this post, we’ll break down five common types of words you can’t trademark, why the USPTO rejects them, and what you should do instead.

What Words Cannot Be Trademarked?

Here’s a breakdown of the most common trademark mistakes we see and how to avoid them.

1. Generic Terms

(Example: “Coffee” for a coffee shop)

Generic words are the most commonly rejected trademarks. These are words that literally describe the product or service you’re offering.

Why You Can’t Trademark Generic Words: The USPTO (United States Patent and Trademark Office) won’t allow you to trademark a word that every other business in your field would need to use. Granting you a trademark on “Coffee” for a coffee business would prevent others from fairly describing what they sell.

Other examples that won’t fly:

• “Shirt” for clothing
• “Law Firm” for legal services
• “Pizza” for a restaurant
  

What to do instead: Use a unique brand name combined with descriptive wording. Think “Bold Bean Coffee” or “Slice & Fire Pizza Co.”—these stand out while still communicating what you offer.

2. Descriptive Terms Without Distinctiveness

(Example: “Best Miami Plumber”)

A descriptive term simply explains a feature, quality, or location of your business. While not as broad as a generic term, a purely descriptive name is still likely to get rejected—unless it has acquired distinctiveness (usually through long-term use and recognition).

Why You’ll Be Rejected: If your brand name just describes what you do or where you do it, the USPTO will likely consider it not distinctive enough to warrant protection.

Common descriptive terms that face rejection:

• “Fast Shipping Service”
• “Affordable Legal Help”
• “Luxury Skin Care”
  

What to do instead: Add creativity or suggestiveness. “Legal Spark,” for instance, is more trademarkable than “Affordable Legal Help.” It hints at legal services without being generic or descriptive.

3. Geographically Descriptive Names

(Example: “Orlando Roofing Services”)

Using your city or state in your brand may seem like a smart local move, but if it’s tied too closely to the product or service, it may be rejected for being geographically descriptive.

Why This Gets Flagged: If your name simply tells consumers where the product or service comes from, it doesn’t function as a unique brand identifier. This kind of wording is not considered protectable unless it has acquired distinctiveness over time.

Risky examples:

• “Tampa Tax Prep”
• “Florida Auto Parts”
• “Coral Gables Fitness”
  

What to do instead: Consider creative geographic references or combine your location with a distinctive term. “Coral Forge Fitness” or “TampaCore Accounting” are more likely to succeed.

4. Surnames (Last Names)

(Example: “Johnson Plumbing”)

Trademarks based solely on a last name often get rejected, especially if it’s a common surname. The USPTO considers surnames not inherently distinctive, unless they’ve developed secondary meaning over time.

Why This Gets Rejected:If your name is just “Smith Law” or “Garcia Realty,” there’s nothing that distinguishes it from dozens of others. Only after extensive use and public association can a surname-based brand sometimes qualify.

What to do instead: Use your surname in combination with a unique brand name. For example:

• “Garcia & Gold Legal”
• “Johnson Craft Plumbing”
  Or consider branding around something entirely unrelated to your name.

5. Common Phrases or Industry Terms

(Example: “Just Do It” — unless you’re Nike)

Some phrases become so widespread, they lose their branding power. These might include motivational phrases, industry slogans, or common marketing buzzwords. If the phrase is too familiar or widely used, you likely won’t be able to claim it, unless you’ve built significant recognition around it.

Why You’ll Hit a Wall: The USPTO wants trademarks to be unique identifiers of a specific source. If everyone uses a phrase like “Built to Last” or “Think Big,” they can’t allow just one business to own it.

What to do instead: Aim for originality. If your brand’s tagline is important to you, make sure it’s distinctive and not widely used in your industry. A quick online search (and a proper trademark clearance) can save you time and legal hassle.

How to Check If Your Brand Name Can Be Trademarked

Before you launch, it’s crucial to conduct a trademark clearance search. This goes beyond a quick Google or domain name check. A trademark attorney can search federal, state, and common law databases to make sure your name is:

• Available
• Distinctive
• Worth protecting

What Happens If Your Trademark Gets Rejected?

If the USPTO refuses your trademark application, you’ll receive an Office Action outlining the reasons. From there, you have a limited window to respond, often requiring legal arguments, evidence of distinctiveness, or a complete rebrand.

Rejections can be costly. They can delay your business launch, force you to change your name, or put you at risk of infringing on someone else’s mark.

Don’t Waste Time or Money—Work With a Trademark Attorney

At Ayala Law, our attorneys help businesses across Florida and beyond avoid costly branding errors. From conducting clearance searches to preparing strong trademark applications, we ensure your brand is built on solid legal ground.

Before you invest in signage, packaging, or digital branding, contact an experienced business, arbitration, and product defect attorney in Miami at 305-570-2208.

You can also contact arbitration attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.