Tips On Picking the Perfect Trademark Name

Choosing the right trademark name is one of the most important things you’ll do for your business. A strong name sets you apart, builds your brand, and creates reputation within your industry. The more unique your name is, the easier it will be to trademark. The guide below discusses how to choose a unique trademark name and also provides an explanation of the trademark distinctiveness spectrum.

The Trademark Distinctiveness Spectrum

Not all names are created equal. Under trademark law, names are ranked on a spectrum based on how distinctive they are:

1. Generic
   These are common terms for products or services, like “Milk” for milk or “Computer” for computers. These can’t be protected as trademarks.
2. Descriptive
   These directly describe a feature or quality (like “Quick Print” for a printing business). These are weak trademarks and generally hard to protect.
3. Suggestive
   These hint at a feature without describing it directly (like “Netflix” suggesting movies and internet, but not directly saying so). These are stronger and easier to protect.
4. Arbitrary
   These are real words used in unusual ways (like “Apple” for computers). These are even stronger trademarks.
5. Fanciful
   Made-up words that have no meaning except as a brand (like “Kodak”). These are the strongest and most easily protected.

✅ Trademark Distinctiveness Spectrum (Strong to Weak)

Understanding the spectrum helps you aim for the strongest possible trademark:

Adding Descriptive Terms, Similar-Looking Characters, or Synonyms Will Not Make Your Mark More Unique

A descriptive term describes a feature or quality of a product or service. Adding such a term to your mark will not make the name more unique.

An example of this would be trademarking “Rokita Water” or “Rokita Hydration” for bottled water. Both “water” and “hydration” are descriptive terms of the product. If I initially decided to trademark “Rokita” as bottled flat water but saw that “Rokita” is already registered as sparkling water, adding “water” or “hydration” would not make a difference since the examining attorney will only focus on “Rokita”. Using synonyms of a word will also not help. Filing “Rokita H2o”  instead of “water” would not work since “h2o” is a synonym of the word “water”. Using a 0 instead of “O” in “Rokita” would also create a similar issue. Combining “Rokitawater” together would not overcome such obstacle. 

Filing On The Supplemental Register Provides An Alternative To The Principal Register With Less Protections

If your mark is merely descriptive, a surname, or geographically descriptive, a last resort to registering your mark with the USPTO would be to file and request to register on the supplemental register. The supplemental register is a part of the USPTO and designed for marks that are not distinctive enough to be registered in the principal register. The supplemental register does not offer the same level of representation, but allows you to use the ® symbol and can create the potential to move the mark to the principal register if your mark has continued use and acquires distinctiveness through secondary meaning. Marks on the supplemental register do not have the same presumption of ownership and enforceability as those on the principal register. To acquire distinctiveness, the mark must meet several requirements, including continuous and exclusive use for at least five years.

Trademark Name Tips

• Focus on names that are suggestive, arbitrary, or fanciful for the best shot at protection.
• Avoid names that are generic or too descriptive.
• The most unique name will be a name that you’ve created.
• Conduct a thorough trademark search to make sure your name isn’t already in use.
• Test your name—make sure it’s easy to say and remember.
• Stay away from names that sound or look similar to existing trademarks in your industry.
• Keep it short and simple, if possible.
• Remember that adding a descriptive term or a synonym to your name does not make your name more unique. The addition of “the”,  “energy”,  “water”, etc. does not make your name more unique, as these words are generic or descriptive of the product/service.
• Naming your product/service as a name that is commonly used in the English dictionary is typically very difficult due to the number of trademarks that already exist.

Final Thoughts on Naming Your Trademark

A little creativity goes a long way when choosing a trademark name! If you remember to pick something unique, easy to remember, and legally strong, you’ll be well on your way to building a brand that lasts—and one that’s easier to protect. When in doubt, reach out to a trademark attorney to help guide the process and check for any potential issues.

Amanda Rokita’s knowledge and experience in business litigation assures that your legal matters will be handled with the utmost care. At Rokita Law, our experienced team commits to offering you the best possible service, assuring you that your case is in good hands. Schedule a consultation today to see how our team can help you navigate the complex world of business litigation. 

Rokita Law, P.C. provides the content on this post for informational purposes only. The information should not be construed as, nor is intended to be, legal advice.⁠ Results may vary. This is not a guarantee, warranty, or prediction regarding the outcome of your case. Posts are for educational purposes only and are based on California law only, except for trademarks and copyrights filed with the US Patent and Trademark Office (USPTO).⁠