8 Essential Tips for Choosing a Strong and Legally Defensible Trademark

Choosing the right trademark is one of the most important decisions you’ll make when building your brand. Whether you’re launching a startup in Irvine, expanding your business across Los Angeles, or protecting your brand nationwide, a strong trademark can save you from legal complications and ensure long-term recognition.

At Sari Law Firm, we help businesses across California and the entire United States navigate the complexities of trademark registration. Here’s what you need to know before filing your application.

🔹 Why a Strong Trademark Matters

Every year, thousands of trademark applications are rejected by the United States Patent and Trademark Office (USPTO) due to conflicts, lack of distinctiveness, or procedural mistakes. A weak mark can lead to delays, refusals, and even cancellation after registration.

Here are 8 proven strategies to help you pick a legally strong and defensible trademark:

1. Avoid Well-Known Brands

Don’t pick a name that’s too close to a nationally or internationally recognized brand—even if they operate in a different industry. Large brands have broad protection and may oppose your application.

2. Identify the Correct International Class

Each product or service belongs to an “international class.” For example, designer apparel is typically in Class 25, while online retail is in Class 35. Research all related classes to avoid conflicts across overlapping industries.

3. Watch for Similar-Sounding Marks

The USPTO rejects applications for trademarks that look or sound similar to existing ones. Before filing, check for phonetic similarities or close spellings.

4. Stay Away from Generic or Descriptive Terms

A strong trademark is distinctive. Names like “Fresh Bread” or “Clean Soap” are too descriptive and hard to enforce. Aim for originality.

5. Check State-Level Registrations

Some brands are only protected at the state level, especially in regions like Orange County or Santa Ana. These marks can still interfere with your expansion plans—even if they aren’t federally registered.

6. Be Cautious with City Names

Using a city name in your trademark (like “Los Angeles Coffee”) may limit protection or face rejection. The USPTO often considers city names geographically descriptive.

7. Avoid Common Surnames

Using surnames like “Smith” or “Johnson” as your main trademark could lead to rejection for being non-distinctive. If a surname is essential, consider combining it with a creative word or graphic.

8. Look Out for Unregistered Brands

Even if a name isn’t on the USPTO registry, common law rights apply to businesses already using it in commerce. Do a full online sweep to find active but unregistered competitors.

💼 Work with a Trademark Attorney

Picking a name is more than a creative choice—it’s a legal one. If you want to avoid rebranding, disputes, or costly USPTO delays, consult with a trademark attorney early in the process.

👨‍⚖️ Need Help? We’re Here for You.

At Sari Law Firm, we’ve helped countless businesses in California, including those in Irvine, Los Angeles, Orange County, and Santa Ana, secure trademarks that stand the test of time. We offer nationwide service and personalized guidance to make the process simple and effective.

📞 Call: (949) 426-5071

📩 Email: info@sarilaw.us

FAQ – Frequently Asked Questions

1. What makes a trademark “strong”?

A strong trademark is distinctive, original, and not confusingly similar to existing brands. It should avoid generic words, common surnames, and geographic names.

2. Can I trademark a city name like Los Angeles or Irvine?

City names are considered geographically descriptive and are often rejected unless they’ve acquired secondary meaning tied to your product or service.

3. What happens if I pick a name similar to an existing trademark?

The USPTO may reject your application based on likelihood of confusion, and the existing trademark owner may file an opposition.

4. Do unregistered brands still have trademark rights?

Yes. Businesses that use a name in commerce, even without federal registration, may have common law rights that can block your application.

5. How can Sari Law Firm help with trademark selection?

We offer nationwide legal services and personalized guidance from our offices in Orange County, Irvine, Los Angeles, and Santa Ana to help ensure your trademark is legally strong and enforceable.