Analyze Your Brand Name
How to Choose a Trademark-Worthy Brand Name
Trademark law categorizes brand names by their level of distinctiveness, from strongest to weakest: fanciful, arbitrary, suggestive, descriptive, and generic. Understanding where your name falls in this spectrum is the most important first step in assessing whether it can be trademarked and how vigorously it can be protected.
Fanciful marks are invented words with no prior meaning โ like Kodak, Xerox, or Google. These are the strongest trademarks because they are inherently distinctive and have no pre-existing meaning to dilute. Arbitrary marks use existing words in unrelated contexts โ like Apple for computers or Amazon for retail โ and are also very strong. Suggestive marks hint at qualities without describing them directly โ like Netflix (internet entertainment) or Coppertone (tanning lotion) โ these require proof of use but are protectable.
Descriptive marks directly describe a product feature or characteristic and are generally not registrable unless they have acquired "secondary meaning" through long use. Generic terms can never be trademarked โ they are the common words for the goods or services themselves (you cannot trademark "Computer" for computers or "Beer" for beer).
Key Steps Before Filing a Trademark
- Clearance Search โ Search the USPTO TESS database, state trademark registries, common law databases, and Google for confusingly similar marks in your industry.
- Identify Your Nice Class(es) โ Trademarks are registered by international Nice Classification categories. You must file in the correct class(es) for your goods/services.
- Use in Commerce โ U.S. trademarks require the mark to be used in interstate commerce or have a bona fide intent to use. Document your first use date.
- Work with a Trademark Attorney โ A professional clearance search and application reduces risk of refusal and opposition proceedings.
- Monitor and Enforce โ After registration, actively monitor for infringers and send cease and desist letters when necessary to preserve your rights.