7 Tips for Choosing a Unique and Trademarkable Brand Name

Having a strong brand name conveys your business’ message and helps distinguish you from competitors. Make sure it’s unique and capable of being trademarked.

Here are 7 tips for choosing a brand name that stands out and can be successfully trademarked:

1.    Brainstorm:

Start by brainstorming a list of potential names. Think creatively and consider various angles, such as:

- Invented Words: Create a completely new word. These are inherently distinctive and often easier to trademark.

- Abstract Concepts: Use words that evoke a certain feeling or idea but aren’t directly related to your product (e.g., Apple for computers).

- Foreign Words: Explore words from other languages that convey your brand’s essence but are unique in your market.

2.    Make sure your name is unique in your field:

Uniqueness in a brand name is key. To avoid confusion, you brand name should be different enough from existing names in your industry. There are several categories of trademarks, ranked by their distinctiveness:

- Fanciful Marks: Invented words with no prior meaning (e.g., Exxon). These marks are generally the easiest to trademark.

- Arbitrary Marks: Common words used in an unrelated context (e.g., Apple for electronics).

- Suggestive Marks: Names that suggest a quality or characteristic of the product without describing it outright (e.g., Netflix).

3.    Avoid descriptive and generic terms:

- Descriptive marks that directly describe the product or its features are difficult to trademark and protect.

- Similarly, generic terms that are the common name for the product category (e.g., “Laptop” for computers) cannot be trademarked. Instead, focus on names that require some imagination to connect to what you sell.

4.    Check your name’s availability online:

Check if the domain name and social handles corresponding to your brand name are available. Also make sure to run a basic trademark search on the U.S. Patent & Trademark Office’s website here, but remember doing this doesn’t mean you’ve run a comprehensive trademark search, which is necessary to make sure you can protect your mark.

5.    Hire an attorney to run a comprehensive trademark search:

Before finalizing your brand name, have your attorney run a full, comprehensive trademark search of the federal database, business records, state records, search engines, and social media. This will help you make sure the name is not already in use or too similar to existing trademarks.

After running this search, your attorney can give you detailed guidance and analysis as to whether there are any other names that could affect your ability to trademark yours.

6.    Think long-term:

Choose a name that will grow with your business. Try not to use names that could limit your brand to a specific product or geographical area if you plan to expand. A timeless name can adapt as your business grows.

7.    Test for market appeal:

Once you have a shortlist of potential names, test them with your target audience. Gather feedback on how the names are perceived and if they resonate with your brand’s values and mission. This can provide valuable insights and help you make a final decision.

Final Thoughts:

Choosing a unique and trademarkable brand name is likely one of the most important things you’ll do in your business. Make sure you take the time to come up with something that’s creative, and most importantly, do the research and planning. It’s an investment in yourself, your business, and your future.

If you need any help with determining whether your name can be trademarked, book a call or email us at contact@ilumalaw.com. We’d love to help!