What Makes a Good Trademark?
Let’s say you’ve come up with a name for your new business. Maybe it hit you in the shower, maybe you brainstormed for days, maybe it just felt right. You love it. Your friends love it. It sounds cool. It’s catchy. The domain name was even available.
So you’re good to go, right?
Well, maybe. But here’s the truth: not every great-sounding name makes a good trademark. And when we say “good,” we’re not just talking about marketing. We’re talking about how well it can be legally protected.
Because here's the thing: your brand name is one of the most valuable assets your business will ever have—but only if it's the right kind of name. The kind that you can actually own. The kind that’s defensible. Distinctive. And built to last.
So let’s break this down. Let’s talk about what makes a good trademark—from a legal standpoint, from a business standpoint, and from the standpoint of not losing your mind when someone else tries to use something similar.
We’ll go deep, but we’ll keep it real.
Part 1: Why Your Trademark Needs to Do More Than Sound Cool
Let’s be honest—most people pick names because they like them. And that’s fine. Branding is emotional. It’s creative. It’s expressive.
But trademark law doesn’t care if the name has a nice ring to it. What it cares about is whether that name tells consumers, “This product or service came from this business.”
That means the best trademarks aren’t just clever or cool—they’re legally powerful.
So your job isn’t just to find a name that feels right—it’s to find one that:
Stands out from the crowd
Can’t be confused with someone else’s
Can be registered and protected under trademark law
If it does all three? Now you’ve got a winner.
Part 2: The Spectrum of Trademark Strength
Let’s start with one of the core principles of trademark law: distinctiveness.
The more distinctive your trademark is, the stronger it is—and the easier it is to protect.
Here’s how trademark law sees names, on a scale from strongest to weakest:
1. Fanciful Marks (Top Tier)
These are made-up words created just to be trademarks. Think:
Kodak
Xerox
Pepsi
They have no meaning outside of the brand. Because they’re completely original, they’re instantly distinctive—and incredibly easy to protect.
The downside? They don’t communicate what your product does. You’ll need to build brand recognition from scratch.
2. Arbitrary Marks
These are real words used in a totally unrelated way.
Apple (for computers)
Amazon (for online retail)
Shell (for oil)
These are also strong trademarks. The words exist in the dictionary, sure, but they have nothing to do with the product itself—which makes them unique identifiers in their category.
3. Suggestive Marks
These hint at what the product or service does, without describing it directly.
Netflix (internet + flicks)
Greyhound (fast travel)
Jaguar (sleek, fast cars)
These marks strike a nice balance: they’re easier for customers to remember and relate to, but still distinctive enough to be protected.
4. Descriptive Marks
Now we’re getting into dangerous territory.
Descriptive marks tell you something about the product directly:
Quick Print (fast printing)
Best Buy (value)
Cold & Creamy (ice cream)
These are hard to protect because they describe a characteristic of the product. Trademark law doesn’t want companies to lock up common descriptors—otherwise no one could compete fairly.
Some descriptive marks can gain protection if they develop something called "secondary meaning"—in other words, if people associate the term specifically with your business over time. But that takes effort, evidence, and often years of use.
5. Generic Terms (Dead Zone)
These are words that simply name the product or service:
Milk
Computer
Shoes
You can’t trademark generic terms. You can’t claim ownership over the word “Pizza” if you sell pizza. That’s not a brand—that’s a product category.
Trying to trademark a generic term is like trying to fence off a public sidewalk.
Part 3: Common Mistakes People Make When Picking a Trademark
Let’s go over a few pitfalls people stumble into—usually with the best intentions.
Mistake #1: “But My Domain Name Was Available!”
Yes, the .com may be available. That doesn’t mean the trademark is.
Owning a domain name does not equal owning a trademark. It just means no one registered that exact web address. The real question is: is someone already using a similar name in your industry?
Always do a proper trademark search before falling in love with a name.
Mistake #2: “But I Registered the Business Name with My State!”
Again—this doesn’t mean it’s legally protected.
State business registrations don’t give you trademark rights. You could be operating under a name that someone else already owns federally—which could become a major (and expensive) problem later.
Mistake #3: “I Want the Name to Describe Exactly What I Do”
That’s fine for clarity. Not great for protection.
The more your name just describes your services, the less protectable it is. Try to hint, suggest, or symbolize what you do—not just spell it out.
Part 4: Other Qualities of a Good Trademark
Beyond distinctiveness, there are a few other boxes to check.
1. Easy to Pronounce and Spell
If no one can say it, search for it, or spell it right, that’s going to hurt your marketing. Even if it’s legally protectable, it might not be practically useful.
Test your name out loud. Ask people to write it down after hearing it. You’ll find out fast.
2. Not Easily Confused with Existing Brands
You want your brand to stand on its own—not be mistaken for someone else’s. If there’s another company with a name that sounds or looks similar, especially in the same industry, that’s a red flag.
This doesn’t just hurt your brand—it can trigger a legal dispute.
3. Scalable Across Products or Services
A narrow name like “Brooklyn Bagels” might work for a local shop, but if you expand into other products—or other cities—it might box you in.
Think about the long game. Does your name grow with you?
4. Free of Cultural or Linguistic Landmines
Check what your name means in other languages. Check for slang meanings or negative associations.
What sounds cool to you might sound offensive—or ridiculous—somewhere else.
Part 5: How to Vet Your Trademark Before You Commit
Here’s a quick game plan before you finalize any brand name:
Step 1: Do a Basic Google Search
See if the name is in use. Look beyond just businesses—check apps, YouTube channels, social accounts. See what’s already out there.
Step 2: Search the USPTO Database
Use TESS to check the U.S. trademark database. Look for exact matches and similar names in your industry.
Step 3: Search Social Media and App Stores
Someone may be using the name in a niche market that isn’t showing up in Google or TESS. Instagram handles, TikTok names, podcast titles—they all matter.
Step 4: Hire a Trademark Attorney for a Comprehensive Search
An attorney can do a full search, including “confusingly similar” marks, inactive registrations, and common law uses that aren’t in databases. This step is critical if you’re serious about protecting your brand.
Part 6: Case Studies—The Good, The Bad, and The Ugly
Let’s look at three examples:
Case #1: Fanciful and Fantastic — “Spotify”
Made-up word. Easy to say. No prior uses. Strong trademark from day one. They could defend it globally.
Case #2: Descriptive Disaster — “Fast Car Rentals”
Too descriptive. Impossible to register. Too many others using similar phrasing. No chance of building strong trademark rights.
Case #3: Confusing Similarity — “FaceLook”
Trying to piggyback on Facebook’s name or recognition is a quick way to get sued. Even if you change a few letters, if the overall impression is confusing, it’s legally risky.
Part 7: A Quick Word on Logos and Taglines
So far we’ve focused on names—but logos and slogans can also be trademarks.
The same rules apply:
Unique is better than generic
Avoid copying others’ styles or messages
The more distinct, the more defensible
And yes, you can trademark your logo and your slogan—either together with your name or separately.
Final Thoughts: Choose Like You’re Building an Empire
When you pick a name or logo, don’t just think about this month or this launch.
Think five years down the line. Think about licensing deals. Think about showing up on shelves, on TV, in courtrooms (hopefully not), or at the top of search results.
Choose something you can build on. Choose something that can’t be taken away. Choose something that you can legally call yours.
Because in business, a name isn’t just a name. It’s your fingerprint. Your identity. And your moat.