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Choosing a brand name is important for the successful launch of a new business or product. But, finding the “right” brand name can be difficult. Here are four things to consider when choosing a good brand name.
Make it unique
The first rule of coming up with a good brand name is to make it unique. This is obvious, but not as easy as it sounds. There are a lot of brands and trademarked phrases and words out there in the marketplace.
Once you have an idea for a brand name, some market research is needed to ensure uniqueness. General internet searches can be done as a first step. If you find your proposed brand name online, then, very likely, you need to try again. Another more specific research tool is the database maintained by the US Patent & Trademark Office (“USPTO”). This database contains all of the trademarks registered in the US. It is online and searchable. If you find your proposed brand name in the USPTO database, then you MAY need to try again. But, not always. Similar brand names and trademarks can coexist in the market as long as they are used in very different parts of the market. For example, Delta Faucets coexists with Delta Airlines because consumers will not confuse the two brands/trademarks when shopping. Another search method is to type in your brand name as an URL/domain name with various extensions. You want to be able to use your brand name as an internet domain name. If you find your proposed brand name already being used as a domain name, then you need to try again.
Keep it simple
The second rule of coming up with a good brand name is to keep it simple. Looking around the marketplace, most successful brands are, at most, one-to-three words. The best brands — like Google or Apple — are just one word. Simplicity helps consumers remember your brand and makes it easier to find your brand via phone apps and searching the internet.
Make your brand name easy to spell
The third rule is to make sure that your brand is easy to spell. Brand names that are difficult to spell impede consumers’ efforts to remember your brand and to find it online. For example, “Blue Farmer” is easy to remember and spell, but “Blu Farrrmerr” is not. Consumers will forget to omit the E and have difficulty remembering how many Rs. That being said, uncommon spellings are not always bad. Unique and simple brand names can often be created with easy-to-remember letter substitutions. For example, in English, “F” and “Ph” can be switched — like in “Phish” and “Foto.” A popular example is the brand name Lyft. There is a certain “art” to letter substitution. So, “Blue Pharmer” might be a good brand name — or maybe not — depending on the business.
Use a suggestive brand name
Another rule for coming up with a good brand name is to make it suggestive of what products or services you are offering for sale. To do this, avoid being too literal and descriptive. Descriptive brand names do not resonate strongly with customers, are difficult to register as trademarks, and are limiting in terms of potential business growth. For example, “Phoenix Televisions” is descriptive, but probably a bad brand name. It is not too memorable, will be difficult to register and is limiting. What happens if your business wants to expand into other types of electronics and media? A suggestive brand name gives consumers an idea — a suggestion — of what the service or product is. Again, the brand Lyft is a good example.
For more information or if you have other legal issues related to business or internet law, contact the trusted internet and e-commerce lawyers at Revision Legal at 231-714-0100.
Before committing to a brand name, a comprehensive trademark clearance search is one of the most important investments a business can make. A clearance search goes far beyond a simple USPTO database query. It examines federal registrations, pending applications, state trademark registrations, common law uses, domain name registrations, and trade name filings in relevant states. The goal is to identify any prior user with rights that could force a rebrand—or expose the business to an infringement lawsuit.
The Lanham Act’s likelihood-of-confusion standard under 15 U.S.C. § 1114 is the operative test. Courts apply the multi-factor analysis from In re E.I. du Pont de Nemours & Co., 476 F.2d 1357 (C.C.P.A. 1973), weighing the similarity of the marks in appearance, sound, and meaning; the relatedness of the goods or services; and the channels of trade. A mark that differs visually from an existing mark may still create a likelihood of confusion if the goods are closely related.
Trademark law classifies marks along a spectrum of distinctiveness. Understanding where a proposed brand name falls on this spectrum determines both its registrability and its long-term enforceability:
Businesses tempted to choose a descriptive brand name because it “tells consumers exactly what we do” often find themselves unable to register the mark or enforce it against competitors. A fanciful or arbitrary name builds equity that cannot be replicated or stolen.
Modern brand selection requires simultaneous evaluation of domain name availability. Even a strong, distinctive trademark faces practical limitations if the .com domain is unavailable or owned by a competitor. Cybersquatters under the Anti-Cybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d), can be pursued if they registered a domain in bad faith to profit from the trademark—but litigation is expensive. The best practice is to secure primary domain names before publicly announcing a new brand.
Social media handle availability matters equally. Consistent use of the same brand name across platforms reinforces brand identity and is evidence of continuous use that supports trademark rights.
If the business has any reasonable prospect of international expansion, brand name selection must account for trademark availability in target markets. Unlike the U.S., most countries operate on a first-to-file rather than first-to-use basis. A competitor can register a brand name in a foreign country before the original owner enters that market, forcing litigation, a buyout negotiation, or a market-specific rebrand.
The Madrid Protocol allows U.S. trademark owners to file international applications through the USPTO, designating over 130 member countries in a single application. If international expansion is a realistic goal within three to five years, consulting with a trademark attorney about international filing strategy at the brand-naming stage saves substantial expense later.
After selecting and clearing a brand name, the most important next step is filing a federal trademark application. Filing establishes a nationwide priority date, triggers the examination process, and puts the entire marketplace on constructive notice. While awaiting registration, use of the ™ symbol signals active trademark rights. For product-based businesses, consider simultaneous filing across multiple classes of goods and services to protect natural brand extensions before competitors can claim related territory.
Contact the trademark attorneys at Revision Legal at 231-714-0100 before launching a new brand.
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