A business name is one of the most valuable assets a company can own. It serves as the foundation of your brand identity and is essential for marketing, customer recognition, and legal protection. However, not all business names are created equal, and not every name can be protected under trademark law. If you want to ensure that your business name is unique, legally protectable, and defensible in the marketplace, you need to create a “trademarkable” name.
In this guide, we’ll walk through the essential steps to developing a business name that is both creative and legally strong under trademark law.
Understanding Trademark Basics
A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services of one business from another. Trademarks provide legal protection against others using confusingly similar marks. Owning a trademark means you can take legal action against businesses that try to profit from your brand name.
To be trademarkable, a business name must meet the following criteria:
- Distinctiveness: The name must stand out and not be generic or overly descriptive.
- Non-conflicting: The name must not be too similar to an existing registered trademark.
- Non-functional: It cannot merely describe a function or characteristic of a product/service.
Step 1: Choose a Strong and Distinctive Name
The United States Patent and Trademark Office (USPTO) classifies trademarks into five categories of distinctiveness, ranked from strongest to weakest:
1. Fanciful Names (Strongest)
These are completely made-up words with no prior meaning. They are the easiest to trademark and provide the strongest legal protection.
- Examples: Kodak, Exxon, Xerox
2. Arbitrary Names
These are real words used in an unrelated context, making them highly distinctive.
- Examples: Apple (for computers), Amazon (for e-commerce)
3. Suggestive Names
These names hint at the nature of the product or service but do not directly describe it. They require consumer imagination to connect the name to the product.
- Examples: Netflix (suggests “internet” + “flicks”), Coppertone (suggests sun-tanning products)
4. Descriptive Names (Weak)
These directly describe the product or service. They are difficult to trademark unless they acquire a secondary meaning through long-term use and brand recognition.
- Examples: Best Buy, American Airlines
5. Generic Names (Not Trademarkable)
These are common words used for their generic meaning and cannot be trademarked.
- Examples: “Computer Store” for a computer retail shop
Tip: Aim for a fanciful, arbitrary, or suggestive name for the best trademark protection.
Step 2: Conduct a Trademark Search
Before you commit to a business name, ensure it is legally available. Here’s how:
- Check USPTO’s Trademark Database
- Visit the USPTO’s Trademark Electronic Search System (TESS) to look for similar names.
- Avoid names that are identical or confusingly similar to existing trademarks.
- Conduct a Domain Name Search
- Check if your desired name is available as a domain using registrars like GoDaddy or Namecheap.
- Perform a Social Media Search
- Look on platforms like Instagram, Facebook, LinkedIn, and Twitter to check for existing businesses using the name.
- Google It!
- A simple web search can reveal unregistered but widely used names that could cause branding conflicts.
Step 3: Avoid Common Trademark Pitfalls
When selecting a name, be cautious of these common mistakes:
- Avoid Generic and Descriptive Names: “Fresh Pizza” is too generic and won’t qualify for strong trademark protection.
- Steer Clear of Geographic Terms: Names like “New York Bakery” are difficult to trademark because they describe a location.
- Don’t Use Common Surnames: “Smith’s Law Firm” may face challenges in securing a trademark.
- Watch Out for Industry-Specific Terms: Using common industry terms like “Tech Solutions” makes it harder to claim exclusivity.
Step 4: Register Your Trademark
Once you have a strong, unique, and available name, take the following steps to register it:
- File with the USPTO
- Submit an application at uspto.gov.
- Choose your trademark classification (goods, services, or both).
- Pay the filing fees.
- Work with a Trademark Attorney
- A trademark attorney can help navigate the legal complexities and improve your chances of approval.
- Monitor and Enforce Your Trademark
- Regularly check for unauthorized use of your name.
- Send cease-and-desist letters if necessary.
- Renew your trademark as required (typically every 10 years).
Step 5: Secure Your Digital Presence
A legally protected business name is not enough; you must also establish your brand across digital platforms:
- Register your domain name as soon as you finalize your business name.
- Secure social media handles on major platforms.
- Consider international trademark protection if you plan to expand globally.
Choosing a trademarkable business name requires creativity, research, and legal foresight. A strong, distinctive name not only sets your brand apart but also ensures long-term legal protection. By following these steps, you can build a name that is not only memorable but also legally defensible, giving your business a solid foundation for growth.
If you need help selecting or registering a trademark, consulting a legal professional can save time and prevent costly legal issues in the future. A well-protected name is an investment in your business’s success!