All Trademarks Aren’t Created Equal: How to Choose a Strong Name for Legal Protection
- Danielle Brent-Bownes
- May 5
- 3 min read
Let me tell you what I wish more business owners knew before they slapped a name on their brand and started printing T-shirts…
Just because a name is cute, clever, or culturally on point—doesn’t mean the USPTO is going to let you have it.
Yep, you read that right.
When it comes to trademarks, all names are not created equal. Some are strong and protectable. Others? They’ll get you an office action and a headache. And don’t get me started on the ones that are already taken.
As I’ve been in the trenches picking a new name for my own law firm, I’ve had to remind myself of the same advice I give my clients every day:
Pick a name that’s legally strong, not just one that sounds good.
So what makes a trademark strong?
Let’s dig a little deeper.
When we talk about a “strong” trademark, we’re talking about how distinctive your name is in the marketplace. The more distinctive it is, the easier it is to protect, register, and enforce.
Here's the spectrum from weakest to strongest with real examples:
🛑 Generic – The USPTO Hard No
What it is: A generic term is literally the name of the product or service you’re selling. You can’t trademark it because it belongs to everybody.
Examples:
“Coffee” for a coffee shop
“T-Shirt” for a clothing line
“Lip Gloss” for a beauty brand
Why it’s weak: You can’t stop anyone else from using the word “coffee” to describe their coffee. The law says nah, you don’t get to gatekeep basic language. However, you can add a distinctive word to it and make it registrable like 'Nova Coffee' or 'Lush Gloss'. That extra word adds the uniqueness the USPTO is looking for.
🛑 Descriptive – The It-Sounds-Clear-But-It’s-Too-Clear Name
What it is: Descriptive marks tell people exactly what your business does, sells, or offers without them having to think.
Examples:
“Healthy Skin Products” for a skincare line
“Fast Tax Filing” for a tax prep service
“Sweet Treats Bakery” for, well… a bakery
Why it’s weak: The USPTO says it’s not creative or distinct. It just describes your service. These marks can maybe be registered after years of use but it’s a long fight with no guarantee.
Suggestive – The Think-A-Little Bit Name
What it is:Suggestive names hint at what your brand does but still require some imagination or interpretation. They give vibes without spelling it all the way out.
Examples:
“Netflix” (suggests flicks via the internet)
“Greyhound” (suggests fast travel like a greyhound dog)
“Coppertone” (suggests a sun-kissed glow)
Why it’s stronger: It’s unique enough to be protectable, but still clever and relevant. This is a sweet spot if you're not ready to go full made-up-word.
Arbitrary – The Unrelated Real Word Name
What it is: Arbitrary trademarks use real words but they have nothing to do with the product or service being sold.
Examples:
“Apple” for computers
“Dove” for soap
“Amazon” for an online store
Why it’s strong: Because the word has nothing to do with what’s being sold, it’s considered highly distinctive. You took a regular word and flipped the meaning for your brand that’s legal gold.
Fanciful – The Made-Up Word That Owns the Room
What it is: Fanciful marks are invented words with no prior meaning. You made it up and that makes it yours.
Examples:
“Kodak”
“Pepsi”
“Xerox”
Why it’s the strongest: Because there’s no prior meaning, there’s no confusion. If you create it, own it, and brand it well it’s all yours.
So if you’re naming your business, remember:
Don’t pick what just sounds good pick what’s legally strong.
Avoid generic, descriptive, and geographic names if you want a shot at registration.
Think long-term. You want something that’s protectable and scalable not something that limits your growth or gets you sued.
🔐 Bonus Tip: Do a Search Before You Fall in Love
Before you invest in branding, logos, websites, and merch—do a proper name search. Just because the domain or IG handle is available doesn’t mean the trademark is.
This is where a lot of people mess up:They build an entire brand only to find out someone else legally owns the name.
Need help figuring out if your business name is strong enough to protect?Want to make sure your brand is built to own, not just to look cute?
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