How to Choose a Strong and Registrable Brand Name

A good brand name does more than sound catchy. It tells consumers who you are, differentiates your goods or services from competitors, and creates a lasting impression. In legal terms, a brand name functions as a trademark – a sign that identifies the source of particular goods or services and distinguishes them from others. Choosing a strong and registrable brand name at the outset can save a business time and money because weak names often face objections during registration and are harder to enforce. This guide summarises official guidance from the World Intellectual Property Organization (WIPO), the United States Patent and Trademark Office (USPTO), the International Trademark Association (INTA), and national offices such as the UK Intellectual Property Office.

Trademark strength and the spectrum of distinctiveness

The strength of a brand name depends on how distinctive it is. Trademark law only gives strong protection to distinctive signs because they clearly identify the source of goods or services. Both WIPO and USPTO use a spectrum that classifies marks from strongest to weakest, which affects their registrability and enforceability:

Category	Description & examples	Strength/registrability
Fanciful (coined)	Invented words or signs with no existing meaning; e.g., KODAK® for film, GOOGLE, or ROLEX.	Very strong – inherently distinctive and usually easy to register.
Arbitrary	Common words used in unrelated industries, e.g., APPLE for computers, DOVE for soaps and chocolate.	Strong – distinctive because there is no logical link to the goods.
Suggestive	Hints at qualities of the goods without describing them; e.g., COPPERTONE® for suntan products, AIRBUS for aircraft.	Moderately strong – registrable but may receive narrower protection.
Descriptive	Describes a feature, quality, ingredient, or purpose; e.g., COLD & CREAMY for ice cream, CREAMY for yoghurt.	Weak – generally not registrable unless it acquires secondary meaning through extensive use.
Generic	Common names for the goods or services; e.g., BICYCLE for bicycles.	Not registrable – lacks any distinctiveness and cannot function as a trademark.

A strong trademark is typically fanciful, arbitrary, or suggestive, whereas descriptive and generic terms are weak or unregistrable. The stronger the name, the greater the legal protection and the easier it is to stop competitors from using similar marks.

What makes a brand name registrable

Choosing a name that is distinctive is not enough; it must also satisfy legal requirements. A registrable brand name must:

• Identify the source of goods or services – it should enable consumers to distinguish your products from those of other traders. Signs that cannot distinguish products (for example, very common slogans or descriptive phrases) are often refused.
• Avoid describing the goods or services – according to WIPO, descriptive words (e.g., qualities, ingredients, place of origin) generally lack distinctiveness and are not registrable unless they acquire secondary meaning.
• Not be generic – generic terms refer to the class of goods or services (e.g., CHAIR for chairs). Giving trademark rights for such terms would unfairly prevent competitors from using the name.
• Avoid geographic or surnames unless distinctive – names consisting only of geographic terms or common surnames are often refused because others may need to use these words.
• Not be deceptive or misleading – marks that mislead consumers about the nature, quality or geographical origin of goods (for example, marketing margarine with a cow image suggesting butter) will be rejected.
• Not to violate public order or morality – offensive words or images cannot be registered.
• Avoid prohibited symbols – national flags, emblems, or protected symbols may be excluded.
• Be available – identical or confusingly similar existing trademarks can block your registration. UK guidance warns that you may not register a mark that is the same as or similar to another business’s trademark for the same goods or services.

Meeting these requirements increases the likelihood that the trademark office will accept the application and reduces the risk of legal conflict.

Steps to create a strong and registrable brand name

Step 1. Define your brand identity and objectives

Before brainstorming names, clarify what your brand represents. Identify your target audience, the goods or services offered and the brand personality (e.g., innovative, reliable, luxurious). This helps create names that resonate with consumers while leaving room for future expansion.

Step 2. Check legal availability and conflicts

Conducting a trademark clearance search is essential. WIPO recommends searching online and in official trademark databases in your home country and prospective export markets. The search should identify both identical and similar marks because trademarks that cause a likelihood of confusion may be refused or opposed. Useful resources include:

• WIPO Global Brand Database – free search covering multiple countries and international registrations.
• TMview and eSearch plus (EUIPO) – official databases for EU and national trade marks.
• USPTO TESS (Trademark Electronic Search System) – for U.S. filings.
• National IP offices – most offices provide online databases (e.g., UK IPO trade mark search).

If your search reveals identical or similar marks for the same goods or services, consider modifying your name or selecting an alternative. Professional clearance searches by trademark attorneys can reduce risk.

Step 3. Assess the mark against legal requirements

Use the checklist from WIPO to ensure the sign meets absolute requirements. Confirm that the name is not descriptive or generic, does not consist solely of a surname or geographic term, and avoids misleading or offensive elements. The UK IPO also advises against names that describe the goods or services, mislead consumers, or use national flags or protected emblems.

Step 4. Evaluate pronunciation, spelling, and cross‑linguistic issues

A brand name should be easy to pronounce, spell, and remember. Consider potential mispronunciations or negative meanings in other languages, especially if you plan to market internationally. The USPTO suggests ensuring the public can remember and pronounce your trademark and checking whether translations in foreign languages could be offensive.

Step 5. Enhance distinctiveness with design elements

Adding design elements can increase the distinctiveness of an otherwise simple sign. WIPO notes that using a special script, specific colours, or combining a word with a logo can enhance a trademark’s distinctiveness. For example, the Nike “swoosh” logo gained protection after acquiring secondary meaning through extensive use. When commissioning a logo, ensure the contract transfers ownership of the design to you.

Step 6. Register the mark and maintain it

Once you have selected a strong name and cleared conflicts, file an application with the relevant trade mark office before launching your product or service. WIPO’s strategic checklist advises filing early and renewing the registration when required. A registered mark confers exclusive rights and allows you to use the ® symbol. After registration, use the mark consistently to avoid genericide and monitor for infringement.