Meta description: Learn how to choose a strong, distinctive brand name, conduct a preliminary trademark search, clear the name, and apply for USPTO registration.

Coming up with a great new brand name is not easy. The best names are memorable, distinctive, and capable of strong trademark protection.

And choosing the name is only part of the process. Before investing in a new brand, logo, website, packaging, or marketing campaign, it is important to evaluate whether someone else may already have trademark rights in a similar name.

Here is a practical process for choosing and protecting a new brand name.

1. Start by Brainstorming Several Brand Name Ideas

Do not begin by trying to find one perfect name.

Instead, create a broad list of possibilities using:

Prefixes and suffixes
Root words
Creative spellings
Rhymes or alliteration
Portmanteaus that combine parts of words
Words or phrases that suggest a quality or characteristic
The message or feeling you want the brand to convey

Generally, the more distinctive a brand name is, the more likely it is to stand out in the marketplace and qualify for stronger trademark protection.

Coined, arbitrary, and suggestive names are typically stronger trademark candidates than names that merely describe the product or service.

If having a corresponding domain name is important to the business, check domain availability during this stage as well.

2. Conduct a Preliminary Trademark Search

Before becoming attached to any name, conduct some initial searching.

Search major search engines, social media platforms, relevant industry directories, domain names, and the USPTO’s Trademark Search database.

Look beyond exact matches. Trademark conflicts can involve names that are similar in:

Appearance
Sound
Meaning
Overall commercial impression

A preliminary search can help eliminate obvious conflicts, but it cannot determine conclusively whether a name is legally available.

Importantly, finding no conflicting registration in the USPTO database does not necessarily mean a name is available. Trademark rights can sometimes exist based on use in the marketplace even without a federal registration.

3. Narrow the List to Several Strong Candidates

This step is important: do not fall in love with only one name too early.

Try to maintain several viable options as you move through the clearance process.

Why? If you build your website, design the packaging, create social media accounts, and emotionally commit to one name before completing a proper search, discovering a trademark problem can make changing direction much more difficult and expensive.

Having alternatives gives you flexibility.

4. Consult With an Experienced Trademark Attorney

Once you have narrowed the list, consult with a trademark attorney before making a significant investment in the brand.

Trademark clearance is more complicated than determining whether an identical name appears in a database. The analysis may involve the similarity of the marks, the relationship between the goods or services, the strength of existing marks, marketplace use, and other factors.

An experienced trademark attorney can help identify which candidates appear to present the strongest opportunities for protection.

5. Order a Comprehensive Trademark Search

For the top name choice, or sometimes the top few choices, conduct a comprehensive trademark clearance search.

A thorough search may review more than USPTO records. Depending on the circumstances, it can include business databases, state records, domain names, online marketplaces, search engines, and other sources of potential trademark rights.

The search should also consider variations of the name, including alternative spellings, spacing, plurals, phonetic equivalents, and similar wording.

The goal is not simply to find identical names. It is to identify potential conflicts that could affect the ability to use or register the proposed trademark.

6. Assess the Trademark Search Results

Search results require analysis.

The existence of another similar name does not automatically mean that your proposed name is unavailable. Conversely, the absence of an identical name does not automatically mean that it is safe to use.

Review the findings with trademark counsel and evaluate the potential risks before committing significant resources to the brand.

7. File a Trademark Application With the USPTO

Once the name has been selected and cleared, consider filing a federal trademark application with the United States Patent and Trademark Office as soon as practical.

If the brand has not launched yet, it may be possible to file an intent-to-use trademark application.

An intent-to-use application allows an applicant with a bona fide intention to use a trademark in commerce to begin the federal application process before actual use begins.

What Is the Best Process for Choosing a New Brand Name?

In short:

Brainstorm several distinctive names → conduct preliminary searches → narrow the list → consult trademark counsel → complete a comprehensive search → analyze the results → file the appropriate USPTO trademark application.

Taking these steps before launching can help reduce unnecessary risk and provide a stronger foundation for building and protecting a bold brand.

A great brand name should do more than sound good. Ideally, it should be memorable, distinctive, available for use, and capable of meaningful trademark protection.

For many more brand creation and protection tips, see my book: Building a Bold Brand or these other posts:

How to Choose a Brand Name That Is Strong and Protectable