Is my trademark registrable?
Before you print signs or build a website around a name, find out whether it's strong enough to register and where it could run into trouble at the USPTO.
- Five questions, about two minutes
- Works for names, slogans, and logos
- No email or sign-up required
- Based on the refusal grounds USPTO examiners apply
A trademark is registrable when it's distinctive enough to identify you as the source of your goods or services and isn't likely to be confused with someone else's mark for related goods or services.
Check your mark
Answer each question based on the name, slogan, or logo you want to protect.
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What drove your score
Disclaimer: This interactive tool provides general educational guidance based on standard trademark principles. It does not constitute formal legal advice and does not establish an attorney-client relationship.
Why some names register and others don't
Trademark law ranks names on a scale called the spectrum of distinctiveness. The further right a name falls, the easier it is to register and the stronger your rights once you do. Here's how it works for an imaginary coffee shop.
“Coffee House”
Generic. It's the name of the thing itself, so no one can own it.
“Fresh Roasted Coffee”
Descriptive. Registrable only after customers come to see it as your brand.
“Wake-Up Call”
Suggestive. Hints at coffee but takes a mental leap. Usually registrable.
“Anvil”
Arbitrary. A real word with no link to coffee. Inherently distinctive.
“Quorrin”
Fanciful. An invented word. The strongest type of mark.
The four refusals the evaluator checks for
These are among the most common reasons a USPTO examining attorney refuses a trademark application. Each one maps to a question in the tool.
Likelihood of confusion
Your mark is too close to a registered or pending mark for related goods or services. The marks don't have to be identical; similar sound, look, or meaning can be enough.
Merely descriptive
The name directly describes a feature, quality, or purpose of what you sell. It can't go on the Principal Register until it acquires distinctiveness.
Geographically descriptive
The name's main meaning is a place, and your goods or services come from there. “Twin Cities Coffee” for a St. Paul café is a classic example.
Primarily merely a surname
The name would be seen mainly as a last name. Adding distinctive wording or a design can change the result.
What your score means
Every answer moves your score up or down from a starting point of 50. Two answers put you in the high-risk range no matter what else you choose: a descriptive or geographic name, or a similar name already used in a related field.
High risk
Strong odds of a refusal or a conflict with an existing owner. Get a comprehensive search before you spend more on the brand.
Moderate risk
The mark could work, but something needs a closer look. A strategy call can tell you whether to adjust the name or how to file it.
Low risk
The mark is structurally strong. The remaining risk is conflicts you can't see yet, which a clearance search is built to find.
What the evaluator can't tell you
It only knows what you tell it. It can't see pending USPTO applications, sound-alike spellings, marks in neighboring industries, or businesses using a name without registering it. Those are exactly the conflicts that cause surprise refusals and demand letters, and they're what an attorney-reviewed clearance search is for.
Frequently asked questions
How do I know if my trademark is registrable?
A mark is registrable when it's distinctive enough to identify you as the source of your goods or services and isn't likely to be confused with a mark someone else already uses for related goods or services. Descriptive names, geographic names, surnames, and names close to an existing mark are the most common reasons the USPTO refuses registration.
Can I register a descriptive business name?
Usually not on the Principal Register right away. A merely descriptive name can register there only after it acquires distinctiveness, meaning customers have come to associate it with your business. Descriptive marks may qualify for the Supplemental Register, which offers fewer protections.
What is likelihood of confusion?
It's the USPTO's test for whether your mark is too close to an existing registered or pending mark. The two biggest factors are how similar the marks look, sound, and feel, and how related the goods or services are. The marks don't need to be identical to be refused.
Can I trademark my last name?
A mark that is primarily merely a surname is refused registration on the Principal Register unless it has acquired distinctiveness. Combining a surname with distinctive wording or a design can change the analysis.
Is a Google search enough to clear a trademark?
No. A basic online search can catch obvious conflicts, but it misses phonetic variations, similar marks in related industries, pending USPTO applications, and unregistered common-law uses. A comprehensive clearance search reviewed by an attorney is the reliable way to assess risk before filing.
Is the trademark risk evaluator legal advice?
No. It gives general educational guidance based on standard trademark principles and doesn't create an attorney-client relationship. For an opinion on your specific mark, schedule a free consultation with one of our attorneys.
Get a real answer on your mark
The evaluator gives you a starting point. A free call with a trademark attorney tells you what to do next.