Trademark a Business Name

Choosing a name that can be trademarked

You can register a trademark for a business name with the U.S. Patent and Trademark Office (USPTO) if it is sufficiently distinctive and does not create a likelihood of confusion with other trademark registrations or pending registration applications.

Distinctiveness

The USPTO will only register a trademark for a business name that is distinctive: You cannot register a generic name such as “books” or “shirts,” and it is unlikely you could register a descriptive name such as “The Best Cookies.” 

The most distinctive business names are “coined,” or made-up, names such as “Kodak” or arbitrary names that use an existing word to identify an unrelated product, such as “Apple” for computers. You can also trademark a suggestive name that implies a product or a product trait without actually describing it, such as “Greyhound” bus.

Descriptive business names are more difficult to trademark. A descriptive name might include a person’s name, such as “Bob Evans” restaurants, or a description of the product or services, such as “Cheesy Pizzas.” To register a trademark for a descriptive name, you will usually have to provide evidence that the name has become so well known that people automatically associate it with your business.

Likelihood of confusion

The USPTO may refuse to register your business name if it finds there is a likelihood of confusion between your name and another registered trademark or pending trademark application. A likelihood of confusion arises if:

• Two trademarks are similar; and
• The trademarks are used in connection with related goods or services. If the goods and services are related, such as two types of apparel, the public might assume that products or services with similar trademarks come from the same source. The USPTO will only allow similar trademarks to be registered if they apply to unrelated goods or services.