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!

Why Trademarks Matter: Protecting Your Business’ Unique Identity

You’ve spent years building your business. Your brand is recognized, trusted, and has become synonymous with quality in your industry. Imagine if, after working so hard to build brand recognition, someone else starts using a name that sounds just like yours, which creates confusion among your customers. This is where trademarks come in.

Trademarks provide the legal protection necessary to prevent others from using names, logos, or slogans that are confusingly similar to yours.

1.    Guarding Against Copycats:

Without a registered trademark, there’s little stopping a competitor from mimicking your brand. This can dilute your market presence and confuse customers, potentially driving them away. A trademark helps you make sure you own your brand and that it remains uniquely yours.

2.    Legal Backing:

If someone uses your registered trademark without permission, you have the legal grounds to challenge them. This can be critical in protecting your business from unfair competition and maintaining your market share.

3.    Building Brand Value:

A strong, recognizable trademark adds so much value to your business. The more you build your business up, the more your trademarks become symbols of trust and quality. Over time, this can become one of your most valuable assets, especially if you’re looking to expand or sell your business.

4.    Credibility and Trust:

Trademarks also play a significant role in establishing your business’s credibility. Customers are more likely to trust and choose brands that are well-protected and legally recognized.

5.    Easier Expansion:

If you’re thinking about expanding your business nationally or internationally, having a registered trademark makes the process smoother. It’s a clear indicator that your brand is professional and serious about maintaining its identity.

At Iluma Law Firm, PLLC, we understand the nuances of trademark law and are here to take the complexities of it off your plate. From registration to enforcement, we’re here to help. Your brand is everything, and it deserves the best protection.

How to Protect Your Brand with Trademarks

Understanding how trademarks work is so important for protecting your brand. Here's what you need to know:

1.    Choose a Strong Trademark:

Choose a trademark that’s distinct and unique to your area of business. If you want to be able to protect your mark, avoid using generic or descriptive terms that are difficult to protect. The stronger your trademark, the easier it will be to enforce your rights against infringers.

2.    Make Sure You Run a Comprehensive Trademark Search:

Before choosing a brand name, product name, logo, or tagline, hire an attorney to conduct a comprehensive search. That way, you can make sure any marks you want to use aren’t already in use by someone else in a similar field. You’ll need to search more than just the USPTO's trademark database, search engines, and domain names.

3.    Don’t Forget to Register Your Trademark:

Registering your trademark with the United States Patent and Trademark Office (USPTO) provides several benefits, including nationwide protection, legal presumption of ownership, and the ability to use the ® symbol. An experienced trademark attorney can help you with the application and registration process.

4.    Use Your Trademark Properly:

It’s important that you consistently use your trademark in connection with your goods or services to establish and maintain your rights. You’ll also need to monitor and enforce others’ usage to prevent the dilution or loss of your trademark rights.

5.    Protecting Your Trademark:

If you want to continue to protect your trademark rights, you’ll need to be vigilant in monitoring your trademark for unauthorized use and infringement. Act quickly if there are any instances of infringement with cease and desist letters, negotiations, or legal action if necessary. A trademark attorney can help you determine the best course of action.

6. Renewing and Maintaining Your Trademark:

You’ll need to regularly renew your trademark to maintain its validity and protection. Keep all renewal deadlines on your calendar and make sure you renew on time to avoid abandonment of your trademark.

Trademark law is complex, so having an experienced attorney who can provide valuable guidance on trademark selection, registration, enforcement, and maintenance is key to making sure your brand’s protected.

Not sure where to start with your trademarks? We’re here to help!