How to Choose a Strong and Protectable Trademark
Your trademark is one of your most valuable business assets. It’s how customers recognize your brand and distinguish it from others in the market. Whether it’s your business name, logo, or slogan, your trademark plays a key role in your company’s identity. Choosing the right one, however, takes more than creativity—it also requires strategy and legal awareness.
In this post, we’ll walk through what makes a trademark strong, what mistakes to avoid, and how Braslow Legal can help you protect your brand from the start.
What Is a Trademark?
A trademark is a word, phrase, design, or symbol that identifies and distinguishes your goods or services from others. It tells customers that your products come from you—and not someone else.
For example, the Nike “swoosh” or the phrase “Just Do It” instantly brings the company to mind. Those marks represent quality, reputation, and trust built over time. But before a business can build that kind of recognition, it needs to select a trademark that’s both distinctive and legally protectable.
The Strength of a Trademark
Not all trademarks are created equal. The law classifies marks into categories that determine how strong or weak they are in terms of legal protection. Here’s a breakdown:
Fanciful Marks – These are made-up words that have no prior meaning, like “Xerox” or “Kodak.” They are the strongest type of trademarks because they are completely unique.
Arbitrary Marks – These use real words that have no logical connection to the product, such as “Apple” for computers. They are also highly protectable.
Suggestive Marks – These hint at what the product does but don’t describe it directly. “Netflix,” for example, suggests streaming entertainment but doesn’t describe it outright.
Descriptive Marks – These describe the product or service, like “Cold and Creamy Ice Cream.” Descriptive marks are weak and often not eligible for protection unless they’ve gained distinctiveness over time.
Generic Terms – Common words like “shoes” or “coffee” can’t be trademarked at all. They simply describe a type of product, not a specific brand.
When choosing your trademark, aim for something fanciful, arbitrary, or suggestive. These are easier to register and defend if someone tries to copy your brand.
Avoiding Common Mistakes
Many businesses make errors early on that can lead to rejection or legal disputes later. Here are a few traps to avoid:
Choosing a name that’s too descriptive. A name like “Best Plumbing Service” might tell customers what you do, but it’s too generic to protect.
Not doing a trademark search. Before you invest in logos, packaging, or advertising, search the U.S. Patent and Trademark Office (USPTO) database. You’ll want to make sure your name isn’t already registered or too similar to another brand’s.
Overlooking similar-sounding names. Even if your spelling is different, similar pronunciations or meanings can still cause legal conflicts.
Ignoring future expansion. Pick a name that can grow with your business. If you start local and later expand nationally or internationally, you’ll want a name that remains clear and distinctive across markets.
Why Legal Protection Matters
Registering your trademark with the USPTO gives you exclusive rights to use it nationwide for your goods or services. It also allows you to take legal action against anyone who tries to use a confusingly similar mark.
If you don’t register, your protection is limited to the geographic area where you operate, and enforcing your rights becomes much harder. For businesses planning to grow, federal registration is essential.
A registered trademark also adds credibility to your brand. It can make investors and partners more confident in your business and increase the overall value of your company.
How Braslow Legal Can Help
Selecting and registering a trademark may sound simple, but it involves complex rules and procedures. A small mistake in your application or in your choice of name can lead to costly rebranding or legal disputes.
That’s where Braslow Legal comes in. Their experienced trademark team helps businesses of all sizes choose marks that are both creative and legally strong. They conduct thorough trademark searches, handle all USPTO filings, and manage renewals so your protection never lapses. They can also advise you on potential conflicts before they become major problems, saving you time and money in the long run.
Building a Brand That Lasts
Your trademark is more than a name—it’s a promise to your customers. It represents your company’s quality, values, and reputation. Choosing a strong, protectable mark sets the foundation for long-term success.
Take the time to brainstorm creative ideas, test them for uniqueness, and make sure they’re available for use and registration. Think about how your name or logo will look on your website, products, and marketing materials, and whether it reflects the story you want your brand to tell.
Final Thoughts
A strong trademark can be one of the most powerful tools in your business. It helps customers remember you, builds trust, and gives you the confidence to grow without fear of copycats.
By understanding what makes a trademark legally strong and getting professional help from a trusted legal team, you can protect your brand from the beginning and avoid future headaches.
Choosing and protecting your trademark is an investment in your business’s future. Take the first step toward securing your brand identity by consulting an experienced trademark attorney who can guide you every step of the way.