A name may be trademarkable if it identifies the source of goods or services and is distinctive enough to distinguish a business from others in the marketplace.

When evaluating a trademark application, the USPTO considers factors such as:

• Distinctiveness of the name
• Potential conflicts with existing trademarks
• Whether the name is merely descriptive or generic
• Whether the name functions as a source identifier

Conducting a trademark search before applying can help identify potential issues.

Trademark law places marks on a spectrum of distinctiveness. In general, the more unusual and brand-specific a mark is, the easier it is to distinguish from ordinary language and the stronger it may be as a source identifier. Fanciful, arbitrary, and suggestive marks are usually stronger than merely descriptive wording, while generic terms generally cannot function as trademarks for the goods or services they name.

The USPTO evaluates the mark as a whole and in relation to the specific goods or services listed in the application. A term that is weak or descriptive in one industry may have a different meaning in another, so eligibility is highly dependent on context.

The United States Patent and Trademark Office (USPTO) is the federal agency responsible for examining U.S. trademark applications, issuing federal registrations, and maintaining official trademark records.