What Kinds of Names Can be Trademarked

First of all, the USPTO will only register business name trademarks if they are distinctive and not likely to be confused with any existing or pending trademark.

As a rule of thumb, keep in mind that the more distinctive the name is, the easier it is to trademark. The USPTO may deny your registration if your business name is confusingly similar to an existing trademark. A confusingly similar name sounds like the name of another business that offers similar products or services, so that people might think they are related. For example, Omega Hair Salon and O-Mayga Beauty Shop might be confusingly similar because the names sound alike and both businesses offer beauty services. But Omega Car Wash would probably not cause a likelihood of confusion because no one expects the same company to offer both hair care and car washes.

Made-up names like “Google” are the easiest to trademark and receive the strongest protection. And names that use existing words in unique ways—such as “Apple” computers—also make strong trademarks as well.

Also, names that suggest a product without actually describing it can also be trademarked. Examples are ‘Greyhound” bus and “Goo Gone.”

However, descriptive business names are the hardest to trademark. These include personal names, such as Ben & Jerry’s ice cream; location names, such as “Chicago Pizza;” and names that describe a product or service, such as “Best Carpet Cleaning.” The USPTO simply will not register a trademark for a descriptive name unless you can also show that the name has been used so much that people automatically associate it with your product or service.