How to Name Your Business: The Trademark Spectrum of Strength
If you’re wondering how to name your business or brainstorming good trademark names, you’re in the right place. Naming your business is one of the most exciting and crucial parts of building your brand.
You’ve got the vision board ready. You’ve spent hours sketching out ideas, maybe even invested in a branding agency to help design your logo, mood board, and brand colors that feel like you. You can already picture your business name on packaging, signage, and your dream website.
For many entrepreneurs, this is where the magic happens—naming your business is the heartbeat of your brand. You’re thinking about how it will sound, how it will connect with your audience, and how it will leave a lasting impression.
But here’s the catch:
Many business owners pour their time, creativity, and budget into crafting their brand identity, only to later find out they can’t protect their name or their name is infringing on someone else’s business.
Why does this matter?
Because protecting your business name isn’t just about legal safety, it’s about building something that lasts. Without the proper groundwork, you could face:
- A competitor using a similar name and confusing your customers.
- A cease-and-desist that forces a costly rebrand.
- Losing out on valuable IP that could elevate your business when it’s time to scale, franchise, or sell.
If you’ve been searching for how to choose a business name that stands out and is legally protected, it starts with understanding something called The Trademark Spectrum of Strength.
What Is the Trademark Spectrum?
The Trademark Spectrum of Strength ranks names based on how unique—and therefore protectable—they are. It’s how businesses like Nike, Apple, and Google have created brands that are household names and legally untouchable.
When you’re choosing a strong brand name or exploring good trademark names, this spectrum is your guide.
Picture this:
You’re walking through a crowded marketplace. Some names fade into the background while others stand tall, distinct, and impossible to ignore. The key is creating a name that not only turns heads but is legally yours to protect.
The Trademark Spectrum – From Weakest to Strongest
Generic Business Names (Avoid These)
If you’re wondering what names can’t be trademarked, generic terms are at the top of that list. Generic names describe the product or service itself and are not eligible for trademark protection.
Examples:
- “The Coffee Shop” for a coffee shop
- “Fresh Bread” for a bakery
- “Auto Shop” for a mechanic
These names are forgettable and impossible to trademark. If you want your brand to grow, you’ll want to aim higher.
Descriptive Business Names (Tread Carefully)
Descriptive names are slightly better but still weak when it comes to trademark protection. They describe a key characteristic or feature of your product or service.
Imagine: You name your business “The Breathable Mattress.” It tells people exactly what you offer but leaves little room for brand distinction. Worse, other businesses could easily create similar names, diluting your brand.
Examples:
- “Cold & Creamy” for ice cream
- “Donaldson’s Grocery” (when Donaldson is a surname)
If you want a business name you can trademark, descriptive names may require years of use to gain “secondary meaning” before becoming protectable. And, even if you get them registered, your scope of protection is very narrow. Others can have names more similar to yours than if your name were stronger like Pepsi or Xerox or even Apple.
Suggestive Business Names (The Creative Sweet Spot)
Wondering how to create a unique business name that still gives customers a hint of what you do? Suggestive names are perfect. They require a bit of imagination from your audience but make a lasting impression.
Think:
- “Chicken of the Sea” for tuna
- “Dairy Queen” for ice cream
- “Netflix” (internet + flicks)
If you’re searching for creative names for your business that balance marketability and legal strength, this is a great place to land.
Arbitrary Names (Highly Protectable & Memorable)
If you’re looking for good trademark names that are highly distinctive, arbitrary names are a strong option. They use familiar words in surprising ways.
Think:
- “Apple” for computers
- “Amazon” for an online marketplace
- “Drunk Elephant” for skincare
These names don’t describe your product but stick in your audience’s mind and they’re much easier to protect legally and your scope of protection is much broader because using these arbitrary words is unlikely. This means people can’t even get close to your name. For example, it is almost guaranteed to be infringement if someone start “tipsy elephant” for a beauty brand or even Pear for computers.
Fanciful Names (The Gold Standard)
Still wondering how to choose a business name with unbeatable protection? Fanciful names are completely made-up words. They require more branding work upfront but offer the highest level of trademark protection.
Think:
- “Pepsi”
- “Lululemon”
- “Exxon”
These powerhouse names are completely original and command attention. One thing to consider when you choose a fanciful name, is you may need a larger marketing budget because people won’t automatically know what your business does. Marrying a fanciful name (or arbitrary) with a descriptive element is usually a strong way to go.
Which Type of Business Name Should You Choose?
The right name depends on your business goals. Are you after a name that connects instantly with your audience (suggestive)? Or are you building a legacy brand you want to fully own and protect for the long haul (arbitrary or fanciful)?
If you’re serious about protecting your brand name and standing out in the marketplace, aim for names that fall between suggestive and fanciful on the spectrum.
AI-Powered Name Brainstorming Exercise
Want to kickstart your creativity? Here’s how to use AI to help brainstorm strong business names for trademarks:
Give ChatGPT this prompt:
“I’m starting a [insert your business type, e.g., organic skincare brand for women] and need 10 creative business name ideas that are either suggestive, arbitrary, or fanciful. Please avoid generic or highly descriptive names.”
Take it further:
- Ask for explanations on why each name could work legally and from a branding perspective.
- Try variations by tone (luxury, modern, playful, etc.).
- Play around until you find the perfect spark!
Pro tip: Once you have a shortlist of potential names, the next crucial step is to ensure you can legally protect it and that’s where we come in. One thing I frequently suggest before even finalizing that list is to think deeply about what you want your name to convey.
What sets you apart?
What’s the core message you want people to instantly recognize?
For example, if speed is your edge, instead of something obvious like “Speedy Printers,” you could explore symbols of quickness, like “Cheetah Press.” Or if exclusivity and luxury are key, maybe a word like “Diamond” could reflect that elevated feel.
This step helps you hone in on a name that is both meaningful and memorable before you move to legal protection.
Your First Step: A Comprehensive Name Search
Even if filing for a trademark isn’t on your radar this year, one of the smartest moves you can make before investing time and money into branding and marketing is starting with a comprehensive name search.
At DiAngelo Law, we’ll help you ensure your dream name is clear of conflicts and ready for you to build on. Whether or not you file right away, you’ll walk away confident knowing no one else is using your name in a way that could derail your brand’s growth later.
Fun fact: 95% of the words in the English language have already been trademarked. The odds of accidentally infringing are high—but that doesn’t mean you can’t find the right combination of distinctive words and products/services that are entitled to protection.
Click here and schedule your name clearance search today. Because choosing a strong name for your business is about more than creativity—it’s about protecting your future.
