Brand Naming Basics
A good brand name is easy to say and spell, fits what the company wants to stand for, and can be protected as a trademark. Invented, arbitrary and suggestive names make strong trademarks. Descriptive names are weak and generic terms can't be registered, so trademark checks belong early in the process.
Brand Identity Desk editors
The main types of brand names
Name candidates are easiest to compare by how much they say about the product. The US Patent and Trademark Office (USPTO) uses a similar scale to judge trademark strength, running from generic terms (which can't function as trademarks) to invented words.
Name type | What it is | Trademark strength |
|---|---|---|
Generic | The everyday name for the product, such as "e-ticket" for computerized ticketing of travel | Not protectable |
Descriptive | Says what the product is or does, such as "bronzer" for suntan oil | Weak, registrable only in certain cases, such as after extensive use |
Suggestive | Hints at a quality without stating it | Strong |
Arbitrary | A real word with no link to the product | Strong |
Fanciful | An invented word with meaning only for its product | Strong |
What makes a name work
The USPTO's guidance on strong trademarks asks whether the public will remember, pronounce and spell a name. It also asks whether the name means something different, or offensive, once translated into the language of a market the brand plans to enter.
A name also has to fit the brand's personality and what it wants to be known for, and it shouldn't sound too much like a competitor's. Names built on a passing trend can date fast, so each candidate should be read the way a customer would see it in the future, or in a new country.
A basic naming process
A basic process runs from a short brief to legal clearance.
Write a short brief covering who the name is for, what it should suggest, which name types are in or out, and the words competitors already use.
Brainstorm a long list across several name types, including real words, invented words and acronyms.
Screen the list for pronunciation, spelling, meaning in other languages and closeness to competitors' names.
Search the USPTO's Trademark Search system for similar marks on related goods or services.
Check domains and social handles for the shortlist.
Test the finalists with the target audience, then send several of them for a full legal clearance search.
The trademark checks a name has to pass
Likelihood of confusion is the most common reason the USPTO refuses to register a trademark. Two marks don't have to be identical to conflict. Similar sound, appearance or meaning, or a similar overall commercial impression, can be enough when the goods or services are related, as with T-shirts and hats, or banking and mortgage lending.
Using a name in commerce makes a business its trademark owner, with rights limited to the area where it sells. Federal registration creates nationwide rights. TM (for goods) and SM (for services) can go next to a name before any application is filed, while the ® symbol is only for registered marks and the goods or services the registration lists.
Domains and social handles
An exact-match .com for a desirable name can be expensive to buy, and adding a modifier to the name in the domain is one workaround. Social handles belong in the same availability check.
Keeping several finalists until legal review is done protects the schedule. A single favorite that fails clearance sends the team back to the brainstorm.
Frequently asked questions
Can two businesses use the same brand name?
Sometimes. The USPTO has registered identical trademarks for different owners when the goods or services aren't related, such as soap and ice cream bars. When the goods are related, a mark that only sounds or looks similar can be refused for likelihood of confusion.
Do I need to register a trademark?
Registration isn't required. Rights start when the name is used with goods or services, but they only cover the area where the business operates. Federal registration with the USPTO gives nationwide rights and broader protection.
Can I use TM before my trademark is registered?
Yes. TM for goods and SM for services can be used at any time to claim a mark. The ® symbol is reserved for registered trademarks and only for the goods or services in the registration.
Should a brand name describe what the company does?
It can. Descriptive names are easy to understand, but they make weak trademarks that are registrable only in certain cases, such as after extensive use. Suggestive names hint at a quality instead, and the USPTO counts them as strong.
