What can be trademarked as intellectual property?

As a lawyer, I can advise that intellectual property refers to creations of the mind, such as inventions, literary and artistic works, symbols, names, images, and designs used in commerce. Trademark is a type of intellectual property that protects distinct words, names, symbols, logos, and other devices used to identify and distinguish goods or services of one business from another. Trademarks seek to prevent confusion among consumers and to allow a business to build its brand and reputation.

In general, any word, name, symbol, or design that functions to identify and distinguish a source of goods or services can be trademarked. Examples of commonly trademarked items include brand names (e.g. Coca-Cola), product names (e.g. iPhone), logos (e.g. Nike swoosh), and slogans (e.g. "Just Do It"). Additionally, sound marks, colors, and product packaging are also eligible for trademark protection under certain circumstances.

However, not all phrases, names, or symbols can be trademarked. For example, generic or descriptive terms cannot be trademarked, as they are too common and do not identify a particular source of goods or services. Similarly, immoral, scandalous or offensive marks cannot be registered. Furthermore, marks that are likely to cause confusion with existing trademarks or otherwise infringe on another party's rights will not be granted trademark protection.

To apply for a trademark, a business must fill out an application with the relevant government authority, such as the United States Patent and Trademark Office (USPTO) in the US. The application must include a description of the product or service being offered, and provide evidence that the mark is distinctive and not confusingly similar to other marks already in use.

In summary, a business can trademark words, names, symbols, and designs used to distinguish their goods or services from those of others. However, the mark must be distinctive and not too generic or offensive. To obtain trademark protection, a business must apply with the relevant government authority and meet the necessary criteria.