Can trademarks or trade names be used in patent claims?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

While trademarks or trade names can appear in patent claims, their use to identify or describe a particular material or product generally renders the claim indefinite under 35 U.S.C. 112(b). According to MPEP 2173.05(u):

“If the trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of the 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.”

This is because trademarks identify the source of goods, not the goods themselves. The scope of the claim becomes uncertain since a trademark cannot properly describe any particular material or product. If a trademark appears in a claim but is not intended as a limitation, it may still cause confusion and lead to a rejection under 35 U.S.C. 112(b).