Free trademark risk evaluator from Twin Cities Trademarks — St. Paul and Coon Rapids, Minnesota

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
The short answer

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.

Step 1 of 5

What are you trying to protect?

Pick the one closest to your brand.

How does your brand name relate to what you actually sell?How do the words or imagery in your logo relate to what you actually sell?

This is the single biggest factor in whether the USPTO will register your mark.

What did your preliminary search turn up?

Select all that apply.

Does the name rely entirely on a family last name, or include generic industry terms?

For example: Smith's Consultations, The Generic Drug Store.

Your risk profile is ready

Add the mark you're evaluating if you'd like it shown on your results.

Score: / 100

Prefer to talk it through? Call

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.

    Section 2(d)

    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.

    Section 2(e)(1)

    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.

    Section 2(e)(2)

    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.

    Section 2(e)(4)

    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.

    0–44

    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.

    45–74

    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.

    75–100

    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.