Trademark a Name

What type of names can be trademarked?

Types of names that may be protected by trademarks include:

• A business name
• A product name
• A domain name
• Your own name, if people identify it with the goods or services you provide
• The name of your band
• The name of a character that you use to market your business, such as “Ronald McDonald”

Choosing a name that can be trademarked

To be registered as a trademark, a name must be used in commerce and must meet two other criteria: It must not be too generic, and it must not create a “likelihood of confusion” with an existing trademark or pending trademark application.

Likelihood of confusion

Like any trademark, a name cannot be registered with the U.S. Patent and Trademark Office (USPTO) if it is so similar to an existing trademark that people are likely to be confused about the source of the goods or services. A likelihood of confusion exists if:

• The names are similar 
• The names are associated with related types of goods and services

If the goods or services are unrelated, it is unlikely that the similar names would confuse anyone.

Distinctiveness

To get trademark protection for your name, it must be distinctive enough to set your product or service apart from others.

• Coined names such as “Xerox” or "Kleenex" are the easiest names to trademark.
• Arbitrary names that use an existing word to identify an unrelated product or service, such as “Apple,” for instance, also receive strong trademark protection.
• Suggestive names, such as “Chicken of the Sea” tuna, can also be trademarked.
• Descriptive names, or names such as “saltypretzels.com” or “New York Pizza,” are “descriptive” marks, although they can only be registered as trademarks if they have acquired a “secondary meaning.” This means that the name has become so well known that people automatically think of only one source when they hear that name. A business typically has to promote a descriptive name for several years before it can show that the name has a secondary meaning.
• Personal names that have acquired secondary meaning may also qualify. “Ralph Lauren” is an example of a name that has a secondary meaning.
• Generic names like “ice cream” generally cannot be registered trademarks.

Registering Your Trademark

You can register a trademark for your name by filing an online application a few different ways.

• File online through the USPTO's Trademark Center. This is the least expensive option at $350.
• File by mail or hand carry by following instructions on the USPTO website. The cost for a paper filing is $850.
• Hire a trademark attorney to guide you through the filing. This can cost you anywhere from several hundred to several thousand dollars.
• Use an online trademark registration service. These often include personalized guidance from an attorney and are more cost-effective. LegalZoom's trademark registration service costs $649 + federal filing fees.

The registration process will take at least several months.

Types of trademark

You can choose to register your name as a standard character mark or a special form mark.

A standard character mark protects your name regardless of what style, font, or design you use it in.

A special form mark protects your name only in the format, font, color, or style that you specify in your application.