How to Choose a Strong & Registrable Trademark

Selecting the appropriate trademark happens to be one of the most significant choices in the process of creating a winning brand. A good and registrable trademark can not only be used to distinguish your business amongst the competitors but it also can be used to offer legal protection to the trademark which could make your brand more valuable in the long term. Yet not all names or logos can receive trademark protection and not all trademarks are equally strong. This guide will take you through the steps of selecting a strong and registerable trademark with the United States Patent and Trademark office (USPTO) or any other trademark office in any other country.

What Is a Trademark?

Any word, name, symbol, logo, slogan or design used to identify and distinguish the source of goods or services of one party and distinguish it in relation to the goods or services of others is a trademark. It is also a label of origin, and a major part of brand identity.

Understand the Spectrum of Trademark Strength

Trademarks are categorized into five types based on their strength and distinctiveness. The stronger the mark, the easier it is to register and protect.

1. Fanciful Marks – Strongest

• Totally fictional or invented words.

• E.g. Kodak, Xerox

• Not hard to protect or enforce, but must be marketed to be recognized.

2. Arbitrary Marks

• Actual words with no logical connection to the goods and services.

• Example: Apple (computers) Amazon (e-commerce)

• Very unusual and registerable.

3. Suggestive Marks

• Suggest the nature or quality of the goods or services but not actually describe them.

• Netflix (implies internet + flicks), Greyhound (implies fast travel)

• Given to be automatically unique and registerable.

4. Descriptive Marks

• Simply characterize an aspect or attribute of the products or services.

• Quick Print- Printing services.

• They cannot be registered until they get a secondary meaning (i.e. consumers think of the name as related to one source).

5. Generic Terms – Weakest / Not Registrable

• Ordinary words applied in naming a type of product or service.

• Example: a dairy product called milk.

• Not registrable in any case.

Ensure the Trademark Is Not Already Taken

A good trademark has to be free to use and not to violate the rights of any individual. Prior to making a name:

 Conduct a Trademark Search

• Make use of the TESS database of the USPTO (Trademark Electronic Search System).

• Browse similar names in the same or related trade.

• Check for identical and confusingly similar.

 Search Domain Names and Social Media

• In order to maintain brand consistency online, check availability of domain names.

• Ensure that your preferred name is not taken on some of the biggest platforms (Instagram, Twitter, Facebook etc.).

 Consider a Comprehensive Clearance Search

• A full search by a trademark attorney or service provider may uncover unregistered but conflicting marks.

Check Registrability Standards

Even if your mark is distinctive and powerful, it still has to conform to the legal requirements of registrability:

1. Avoid Likelihood of Confusion

• Your trademark must not be confusingly similar to an existing registered mark in a related field.

2. Avoid Descriptive or Deceptive Elements

• Descriptive terms are harder to register unless they’ve acquired distinctiveness.

• Deceptive trademarks (e.g., “LeatherWorld” for vinyl products) are not allowed.

3. Avoid Geographically Misdescriptive Names

• Names that suggest a false geographic origin may be refused.

4. Avoid Surnames (Unless Highly Distinctive)

• Trademarks that are primarily surnames are generally weak unless they have a long-standing reputation.

Consider Long-Term Brand Strategy

Your trademark is more than a legal asset—it’s a marketing tool. Ask yourself:

• Does it explain the character and values of your brand?

• Can it be easily spelt, pronounced and recollected?

• Will it be able to increase with your business as it grows or is it too limited?

A name such as BooksNow can suffice in the beginning, but could be constrictive as you develop digital content or products.

File for Trademark Registration

Once you’ve selected a strong, unique, and available trademark, it’s time to file for registration:

• Register with the USPTO (in the U.S.) or with your countries trademarks office.

• Choose between a word mark (the text only) and a design mark (the logo).

• Select the right categories of services or goods.

• You can hire a trademark attorney to increase your likelihood of the registration and prevent expensive errors.

Final Thoughts

Selecting a powerful and registrable trademark is a matter of creativity, strategy and legal consciousness. Not only can the most successful trademarks be protected by the law but also can connect with the customers and facilitate the overall brand development. When you put time into choosing the right trademark in the first place, you will ensure that you establish a strong identity of your brand and legal security in the market.