Copyright protects creative works. Trademark law protects the things that tell customers who a product or service comes from: names, logos, slogans and similar identifiers. Its main purpose is to prevent confusion, so that when you buy from a brand you know who you are dealing with.
The explanations below follow U.S. trademark law as described by the U.S. Patent and Trademark Office (USPTO). Other countries have their own systems, and trademark rights are territorial. This is general education, not legal advice. Before investing heavily in a name, consider professional clearance.
01What a trademark is
A trademark is a word, phrase, symbol, design or combination that identifies the source of goods or services and distinguishes them from others. In practice that includes product names, business names, logos, slogans, and sometimes colors, sounds or packaging. A mark used for services is technically a "service mark," but people use "trademark" for both.
Two features set trademarks apart from copyright:
- Rights come from use. In the U.S., a business can gain rights in a mark by using it in commerce, even without registration. These are often called "common-law" rights and are usually limited to the area where the mark is used and known.
- Registration adds strength. A federal registration with the USPTO gives nationwide notice, legal presumptions of ownership and the ability to use the ® symbol. Before registration, people use ™ (or ℠ for services) to signal that they claim the mark. Using ® without a registration is improper.
Rights can last as long as the mark stays in use and the owner keeps up required filings. A name that goes unused or is not defended can be lost.
02The test that matters: likelihood of confusion
Most trademark disputes ask one question: is it likely that consumers would be confused about who is behind the products? Decision-makers look at several factors, including:
- How similar the marks look, sound, mean and feel overall
- How similar or related the goods and services are
- Whether they are sold through similar channels to similar customers
- How strong or famous the earlier mark is
- Any evidence that actual confusion has occurred
Two businesses can often use the same word if they operate in very different fields. A mark can still be blocked if it is close to a well-known brand, even in a different field. And similar-sounding names in the same field are the classic danger zone.
03Strong names and weak names
Trademark lawyers describe names on a spectrum of distinctiveness. The more a name describes what you sell, the weaker its protection, and the harder it is to stop others from using similar words.
| Category | What it means | Example idea | Strength |
|---|---|---|---|
| Fanciful | An invented word | A coined word with no prior meaning | Strongest |
| Arbitrary | A real word unrelated to the product | A fruit name used for computers | Strong |
| Suggestive | Hints at a quality without describing it directly | A sun-lotion name evoking a tan | Moderate |
| Descriptive | Describes the product or a feature | "Fresh Bread" for a bakery | Weak |
| Generic | The common name of the product | "Laptop" for laptops | None |
A weak name is cheap to adopt but hard to defend and easy for someone else to imitate. A strong name takes marketing effort to teach, but gives you something you can keep.
How strong is the name?
04Checking a name before you commit
The goal is to avoid building a business on a name you will have to abandon. These steps take about an hour and are worth doing before you buy a domain or print anything:
- Search the USPTO trademark database. Use the USPTO's trademark search tool for the exact name, similar spellings, and names that sound alike. Pay special attention to marks in the same or related fields.
- Search the open web. Search the name with words like "app," "shop," "brand" or your product category. Look at search results, app stores, marketplaces and social networks.
- Check domains and handles across the platforms you need. An available domain is not evidence the name is clear.
- Check state business and assumed-name records. Many states let you search registered business names.
- Say it out loud. Test pronunciation, spelling, translation and unintended meanings in languages your audience speaks.
- Record what you found. Save dated screenshots. If a dispute arises, this shows good-faith effort.
Your own search cannot find everything: pending applications, unregistered users and similar-sounding names can all be missed. Treat a clean result as "no obvious problem found." For a name you plan to invest in, a trademark attorney can do a full clearance search.
05Domain names, business names and trademarks are different things
This confuses almost everyone at first. According to the USPTO, these are separate systems:
Domain name
An address on the internet you register through a registrar. Owning example.com does not give you trademark rights in "Example."
Business or entity name
A name you register with your state when forming an LLC or similar entity. It lets you operate under that name but does not clear it against other people's trademarks.
Trademark
The right to use a name or logo as a brand identifier for specific goods or services, protected against confusingly similar use.
Social media handle
An account name controlled by the platform's terms. It is not a legal right in the name.
Registering a domain that incorporates someone else's trademark in bad faith, hoping to profit or divert customers, can violate U.S. cybersquatting law. Pick domains for your own brand, not to ride on another's.
06Using other people's brand names honestly
You will often need to mention another brand: "compatible with," "alternative to," "built with." Trademark law generally allows truthful references to identify a product, within limits:
Usually fine
- Naming a product to say what yours works with: "Works with [Platform]"
- Describing a service you actually provide: "[Brand] repair"
- Using the name in plain text, only as much as needed
- Stating clearly if you are independent: "Not affiliated with [Brand]"
Risky or improper
- Using their logo or look so people think you are official
- Putting their name in your business, product or domain name
- Implying endorsement or partnership you don't have
- Using a famous person's name or likeness in ads without permission
Using someone's name, image or voice to promote something can also raise "right of publicity" issues, which protect individuals from commercial exploitation of their identity. Get written permission, and never fabricate an endorsement.
07If you receive a cease-and-desist
A cease-and-desist letter says someone believes you are infringing and demands you stop. It is a claim, not a court ruling, but it deserves a thoughtful response:
- Do not ignore it and do not reply in anger.
- Save it and everything related (your name search, launch dates, sales).
- Read what is actually claimed. Which mark, which goods, which uses?
- Weigh the real options: change the name, narrow your use, negotiate, or contest it. A rebrand early in your journey costs far less than a rebrand after years of growth.
- Get qualified advice before conceding or contesting anything significant.
The USPTO warns that scammers send official-looking mail and email about trademark filings, renewals and fees. Check that any message comes from a USPTO.gov address or the physical address of record, and don't pay a fee because a letter demands it.
Name shortlist and checklist
Write up to three name candidates. For your favorite, tick each check as you actually complete it.
Checks
Saved automatically Saved
08Check your understanding
Lesson 5 quiz
09Key terms
Go deeperInternational names and the Madrid System
Trademark rights are territorial. A U.S. registration does not automatically protect a name abroad. If you plan to sell in other countries, check local registers, and ask a professional about international filings. Many countries are part of the Madrid System, which lets applicants file for protection in multiple countries through a single application.
Key takeaways
- Trademarks protect names, logos and slogans that identify who is behind a product. The goal is avoiding consumer confusion.
- Rights can come from use, and registration adds strength. Use ™ for claims and ® only after registration.
- Stronger names (invented or arbitrary) are easier to protect than descriptive ones.
- Domains, business registrations and social handles are separate from trademarks. None of them clears a name.
- Check the USPTO database, the web, app stores and state records, and save evidence of your search.
- Refer to other brands truthfully and minimally, and never imply a partnership or endorsement you do not have.
Official sources and further reading
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This lesson is general education, not legal advice. Laws and platform rules differ by place and change over time. For a specific situation, talk to a qualified professional and read the terms of each platform you use. Last reviewed 2026-11-02.