What to Do: How to Choose a Strong, Protectable Business Name
To avoid the pitfalls of a name being too generic, descriptive, or surname-based to be a registered trademark, aim for names that are suggestive, arbitrary, or fanciful:
- Suggestive: Hints at what you do without being too obvious (e.g., “Netflix” suggests movies but isn’t just “Online Movie Rentals”)
- Arbitrary: A common word used in an unrelated context (e.g., “Apple” for computers)
- Fanciful: A completely made-up word (e.g., “Xerox,” “Kodak,” or “Nanker Phelge”)
A great business name isn’t just catchy; it’s legally strong. Before committing to a name, conduct a trademark search and consult an intellectual property attorney to ensure you’re building your brand on solid legal ground
Do As I Say, Not As I Do!
You may have noticed I’ve utterly failed to have a business name that meets these requirements. Maybe I could get away with “King” as noted in a previous post, but “Patent and Business Law” and “Patent Law” are flat-out descriptive. Combining those with “King” isn’t enough, either. I could try for Supplemental Register registration and then wait to see if I could qualify for the Main Register. Sometimes it’s ok to have a name that isn’t suitable for registered trademark protection, but it should always be an informed decision.
Law firm names are often descriptive on purpose to help potential clients find the right kind of attorney, and most states have strict rules about what can and can’t be in a firm’s name.
That said, Illinois lets law firms have plenty of leeway with their names, so if anyone has any good fanciful yet practical ideas, I’d love to hear them!
If you’re launching, growing, or just unsure whether your business/brand name or your logo are truly protected, let’s talk. I help entrepreneurs across the U.S. make smart, legally sound decisions about names and logos.
If you’d like to consult with me, you can use my contact form or book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558.
Please check out the other posts and pages on my website for more information on trademarks and other intellectual property and business law issues.
