What Can’t You Protect with a Trademark?

Trademarks are a powerful way to protect your intellectual property, but not everything can be trademarked. Many of the design elements of your brand, like name and logo, can be protected, but other creative works related to your brand cannot. Today we go over the basics of what feels like it could be trademarked but actually can’t. 

In this episode, we’ll cover: 

  • Why ornamental designs are difficult, if not impossible, to trademark
  • The Trademark Registries (both the Principal and the Supplementary)
  • What constitutes a “commonly used phrase” and why it cannot be protected
  • Why some brands (like Velcro) have so much trouble protecting their brand
  • Why catch phrases are difficult to trademark

Want to learn more about how to DIY your trademark? Check out The Trademark Course

Andrea Sager Law is turning 3 years old this month! To celebrate, we’re offering a Throwback Pricing deal on a trademark search and application! You can get both for just $1250. Just go to AndreaSager.com to purchase. There are no limits on the number of trademark applications you can purchase at this price!

What was your biggest takeaway from this episode? Take a screenshot of this episode, add it to your Instagram Stories, tag @andreasagerlaw and let me know! Plus, follow our brand new IG, @legalpreneur!

Sign up for Legalpreneur Text Alerts

Text ‘PODCAST’ to 832.225.3164 to enroll in our Legalpreneur text alerts! You’ll receive alerts about new episodes, exclusive giveaways, and more. It also will allow you to chat 1-on-1 with me! 






TikTok – We’re blowin’ up!



The Legalpreneur Podcast is advertising/marketing material. It is not legal advice. Please consult with your attorney on these topics. Copyright Andrea Sager Law 2020