The Short Answer: Yes, But Not Every Name
You can trademark a name. The USPTO received over 650,000 trademark applications in FY 2024, and the majority were names of one kind or another: product names, business names, brand names. But "can you" and "will you succeed" are different questions, and the gap between them is where most applicants hit a wall.
The legal requirement is straightforward: the name must function as a source identifier, meaning it tells consumers that goods or services come from a particular source. That is the entire purpose of a trademark. A name that merely describes what you sell, or one that is too common to distinguish your business from any other, does not meet this threshold.
One distinction worth making early: registering a business name with your state is not the same as obtaining a trademark. A trade name identifies the business entity itself ("Ashford Consulting LLC"). A trademark identifies the source of specific goods or services ("ASHFORD" on legal research software).
You can register a trade name with your Secretary of State without ever filing a trademark application, and that state registration gives you no trademark rights. The two systems serve different purposes.
Whether your name qualifies for trademark protection depends on where it falls on a legal framework called the spectrum of distinctiveness.
The Distinctiveness Spectrum: Where Your Name Falls Matters
In Abercrombie & Fitch Co. v. Hunting World, Inc. (1976), the Second Circuit established a five-tier classification that remains the foundation of US trademark law. Every name falls somewhere on this spectrum, and its position determines whether it qualifies for registration.
Generic names can never be trademarked. A generic term is the common name for the product or service itself. You cannot trademark "Coffee" for a coffee shop or "Bicycle" for a bike manufacturer. These words belong to everyone. Importantly, genericness is context-dependent: "Apple" is generic for fruit but arbitrary for computers.
Descriptive names directly describe a quality, feature, or characteristic of the goods or services. "Best Buy" for a discount retailer. "Holiday Inn" for a hotel chain. These names are not registrable on the Principal Register unless the applicant proves secondary meaning (also called acquired distinctiveness), meaning consumers have come to associate the descriptive term with a specific source through extensive use, advertising, or sales. This is a high bar, particularly for new businesses. For a deeper treatment of this category and how secondary meaning is established, see when a descriptive name can and cannot be registered.
Suggestive names hint at a quality of the product without directly describing it. The consumer must use imagination to connect the name to the product. "Netflix" suggests internet-delivered movies. "Coppertone" suggests sun protection. Suggestive marks are registrable without proof of secondary meaning, which is why trademark attorneys often steer clients toward this category.
Arbitrary names are real words used in a context unrelated to their dictionary meaning. "Apple" for computers. "Amazon" for e-commerce. "Camel" for cigarettes. These receive strong protection because the word itself tells the consumer nothing about the product.
Fanciful names are invented words with no prior meaning. "Xerox." "Kodak." "Exxon." These sit at the top of the spectrum and receive the broadest protection. Nobody else has a legitimate reason to use a word you invented.
The further your name sits from "generic," the easier your path to registration. Founders who fall in love with descriptive names ("QuickShip" for a shipping service, "CleanAir" for an air purifier) face a significantly harder road than those willing to choose something suggestive or arbitrary.
Spectrum of Distinctiveness: Relative Protection Strength
Can You Trademark a Business Name, Brand Name, or Personal Name?
If you want to trademark a brand name for a new product, app, or company, you control the choice. Pick something suggestive, arbitrary, or fanciful, and registration is straightforward. The spectrum above is your roadmap.
If you want to trademark a business name, the same rules apply, but founders frequently choose descriptive names that face an uphill battle at the USPTO. "QuickBooks" for accounting software works (suggestive). "Fast Accounting" for accounting software does not (descriptive, no secondary meaning).
Personal names are different. You do not choose them, and the law treats them with extra scrutiny. If you want to trademark your own surname, you will almost certainly face a Section 2(e)(4) refusal under the Lanham Act. This provision bars registration of marks that are "primarily merely a surname" unless the applicant demonstrates acquired distinctiveness.
The logic is straightforward: the law does not want one person to monopolize a common surname and prevent others who share it from using their own name in business. "Johnson" for a consulting firm is primarily merely a surname. So is "Garcia" for a restaurant. The examining attorney will refuse registration and require the applicant to prove that consumers associate the surname specifically with their goods or services.
The USPTO considers several factors when determining whether a term is primarily merely a surname: whether the term has any meaning other than as a surname, how common the surname is in the general population, whether anyone connected to the applicant has the surname, and whether the term has the "look and feel" of a surname. A name like "Procter" reads as a surname. A name like "Kodak" does not.
First names receive slightly different treatment. "Claire" or "John" alone would likely be considered merely descriptive rather than primarily merely a surname, but the practical result is similar: registration requires evidence that consumers associate the first name with a single source. Think "Oprah" or "Beyonce," where the fame of the individual has created distinctiveness that most applicants cannot match.
For anyone building a brand around a surname: combine it with another distinctive element. "Ford" alone required decades of use and billions in advertising to achieve distinctiveness. "Ford Motor Company" was easier. Adding a logo, a design element, or a distinctive word alongside the surname creates a composite mark that is far more likely to clear examination.
What Disqualifies a Name from Trademark Protection?
Even if a name falls in a registrable category on the distinctiveness spectrum, several other grounds can block registration.
Generic terms for the relevant goods or services are an absolute bar, as discussed above. No amount of evidence or argument can overcome a genericness finding.
Merely descriptive marks without proof of secondary meaning will be refused under Section 2(e)(1). The applicant can file on the Supplemental Register (which provides some legal benefits but not full trademark protection) and later seek registration on the Principal Register after building distinctiveness through use.
Deceptively misdescriptive names describe the goods or services inaccurately in a way that would matter to consumers. A "Titanium Lock" for a lock made of aluminum would be deceptively misdescriptive because consumers would rely on the false claim when making a purchasing decision.
Primarily geographically descriptive names face a Section 2(e)(2) refusal. "California Wine" for wine produced in California is geographically descriptive. Like merely descriptive marks, these can be registered with proof of secondary meaning.
Confusing similarity to an existing mark is the most common ground for refusal. Under Section 2(d), the examining attorney will refuse registration if the applied-for mark is likely to cause confusion with a mark that is already registered or pending. The analysis considers the similarity of the marks, the relatedness of the goods or services, and the channels of trade. Nearly half of all trademark applications encounter at least one office action during examination, and likelihood of confusion is the refusal applicants most frequently underestimate. For a fuller picture of what goes wrong and how to avoid it, see common trademark application mistakes.
How to Trademark a Name: The Filing Process
If your name clears the distinctiveness hurdle and does not conflict with existing registrations, the filing process at the USPTO follows a defined sequence.
Search existing trademarks first. Before spending filing fees, check whether a name is already trademarked. The USPTO's free database is a starting point, but it has significant limitations: it only covers federally registered marks and does not search state registrations, common law uses, or international filings. A thorough trademark clearance search examines multiple sources and considers phonetic equivalents, not just exact matches.
Choose your filing basis. US trademark law offers two primary filing bases. Section 1(a), use in commerce, requires that you are already using the mark in connection with the goods or services at the time of filing. Section 1(b), intent to use, allows you to file before you have started using the mark, securing your priority date while you prepare for launch.
Each basis carries different requirements, costs, and strategic implications. Getting the choice wrong can invalidate your registration. See how to choose between intent to use and use in commerce for a detailed comparison.
Identify your goods and services. Trademarks are not blanket protections. Each application must specify the goods or services the mark will cover, classified under the Nice classification system (an international taxonomy of 45 classes, where Class 9 covers software, Class 25 covers clothing, and Class 35 covers retail services, among others). The description must be precise enough for the examining attorney to accept but broad enough to cover your actual business activities. Filing in additional classes means additional fees.
File the application. The USPTO offers two electronic filing options: TEAS Plus ($250 per class) requires selecting goods and services descriptions from a pre-approved list, while TEAS Standard ($350 per class) allows custom descriptions. TEAS Plus is cheaper but less flexible.
The full process from filing to registration typically takes 12 to 18 months at the USPTO, though the timeline varies depending on whether you receive office actions and which filing basis you choose. For a breakdown of what takes how long and where delays occur, see trademark registration timelines by office.
After Filing: What Happens Next
Filing the application is the beginning, not the end.
Examining attorney review. Approximately three to four months after filing, a USPTO examining attorney reviews the application. They check for compliance with formal requirements, search for conflicting marks, and evaluate whether the mark meets the distinctiveness threshold. If they find issues, they issue an office action.
Office actions and response deadlines. An office action is a formal communication identifying problems with the application. Some are procedural (a description of goods needs clarification), while others are substantive (a Section 2(d) likelihood of confusion refusal). The applicant has three months to respond, with the option to purchase a three-month extension. Failing to respond results in abandonment of the application.
Publication for opposition. If the examining attorney approves the mark (or accepts the applicant's response to an office action), it is published in the Official Gazette. This opens a 30-day window during which any third party who believes they would be damaged by the registration can file an opposition proceeding before the Trademark Trial and Appeal Board.
Statement of use. If the application was filed under intent to use (Section 1b), the applicant must file a Statement of Use demonstrating actual use of the mark in commerce before a registration can issue. The initial deadline is six months after the Notice of Allowance, with extensions available in six-month increments up to a total of three years.
Registration and maintenance. Once registered, a trademark does not last forever without attention. The registrant must file a declaration of continued use between the fifth and sixth year after registration, and a combined renewal and declaration every ten years thereafter. Miss these deadlines and the registration is cancelled, with no reinstatement option. For the full schedule of maintenance filings, fees, and grace periods, see trademark renewal deadlines and requirements.
Consult a trademark attorney for legal guidance specific to your situation. The information here is educational, not legal advice, and the outcome of any particular application depends on facts that a general guide cannot address.
Before filing, search existing trademarks to check whether your name is already taken. Signa provides free trademark search at signa.so.