How to Pick a Protectable Trademark (That'll Actually Get Approved)
AVOID THE DRAMA FROM THE JUMP BY UNDERSTANDING HOW TO PICK A STRONG TRADEMARK. (ONE THAT YOU CAN ACTUALLY REGISTER AND PROTECT.)
Raise your hand if you have a stash of purchased-yet-unused domain names.
(I’ll close my eyes.)
Of course you do, because when you think of a new business name (or product name, or service package name) — you’re like “Omg, I have to see if this is available.” And then they get you with that “First year registration for $1!” offer.
Then you check Instagram. You grab the handle. The stars are aligning. You’re ready to claim it… until you hit the trademark wall. 😬
The truth? Most names that feel perfect — especially the names that marketing experts love — are actually legally weak. Emotional resonance and descriptiveness ≠ legal protectiveness.
But you’re not going to hit that trademark wall. Because, in this post, we’ll walk through:
The trademark strength spectrum (and why you should care about it); and
How to pick a name that feels aligned and passes the Trademark Office sniff test.
I’m Maria Spear Ollis, aka The Lunar Lawyer, and I’m going to shine some light on how to pick a protectable trademark and increase your chances of trademark registration.
What makes a trademark protectable?
Not all names are created equal under US trademark law. What matters is how easily your chosen name sets your brand apart from others in the same space.
Let’s break it down.
The Trademark Spectrum of Protectability (from 👎 to 🤩) aka Trademark Strength
Let’s start with what won’t get approved, all the way to what’s more likely to pass with flying colors.
🚫 WEAKEST (AKA IMPOSSIBLE TO REGISTER) - GENERIC WORDS OR PHRASES
These are actually just the names of the thing you’re selling.
Examples:
Coaching Program.
Online Course
Essential Oils
Generic words and phrases can never be registered as trademarks because they belong to everyone. It’s a first amendment/free speech thing. You can’t trademark “yoga studio” (on its own) any more than you can trademark “grass.”
SECOND-WEAKEST: Descriptive – ⚠️ Risky and Often Rejected
These describe a quality of your services or what your offer does, who it’s for, or what results it creates.
Examples:
“Spiritual Business Coach”
“Human Design Academy”
“The Dress with Confidence Course”
The issue? These names are great from a marketing perspective. They tell your people what it is you’re selling. But unless you’ve built massive recognition of your descriptive trademark over time (which takes years and $$$), the Trademark Office will probably say nope.
Suggestive TRADEMARKS – ✅ You're Getting Warmer
Suggestive trademarks are more protectable than descriptive trademarks because they just hint at the vibe, outcome, or energy of your offer without spelling it out.
Exmples:
“Sacred Shift”
“Luna Lab”
“The Cauldron Method”
Suggestive trademarks are like the holy grail between marketing perfection and trademark perfection. They’re more creative and a little metaphorical—enough that the Trademark Office considers them unique, not descriptive.
Arbitrary – ✅✅ Kinda Random (In a Good Way)
Arbitrary trademarks are real words… just completely random and totally unrelated to your offerings.
Like:
“Apple” for computers
“Kindle” for an e-book reading device (or app)
“Moonbeam” for a trademark course (hey… I like that.)
They’re considered “strong” because they don’t describe the service at all—but marketing experts will tell you that you’ll need good branding (or a descriptive subtitle) to help people connect the dots.
FANCIFUL TRADEMARKS 🔒 The Trademark Power Move
Fanciful trademarks are my favorite.
Spotify.
Lego.
Zapier.
Completely made-up words? Those are the most protectable trademarks.
They’re so strong because they’re entirely original. Sure, from a marketing perspective, you might need to build meaning over time. (Like Nintendo or Etsy.) But if you ask my opinion (and you are), it’s worth the trademark glory to have a fanciful name.
So what should you not do?
You shouldn’t pick something purely descriptive or generic just for the marketing points. Why? Because 1) trademark protection can be darn near impossible, and if someone goes to google your name, you don’t want them to have to wade through 10 or 20 other businesses with a similar name.
And worse? Someone else could come on the scene with a very similar, very descriptive trademark — and there’s very little you could do about it.
Want to name your offer something that’s on brand and trademark-protectable? Here’s what to do.
If you're brainstorming a new business, product, or service name, here are a few tricks to get you out of the descriptive danger zone:
Make up a word. Seriously, who knew “Dubsado” or “Spotify” would be brands that we all instantly recognize?
Use combinations or pairings. Too nervous to go full-fanciful? You can always pair the main brand name with a descriptive tagline.
Get suggestive. Remember that holy grail? The perfect medium between marketing gold and trademark strength.
Check availability early. Even a name that feels unique, might already be registered or used by someone else. Do a quick Trademark Office search, look through the first few pages of Google results, and check domain + socials.
Final Thoughts: You Deserve a Trademark You Can Own and Protect
You don’t need to name your business something random or soulless to make it legally strong.
You do need to understand what makes a trademark protectable—and make choices that align with your long-term vision, not just easy (but legally messy) marketing.
The goal is to protect your brilliance and unique magic.
Want to know if your chosen name would pass the Trademark Office’s test?
Send me a message here to learn more about my Trademark Crystal Ball Report — a personalized, magical trademark scorecard (plus a walkthrough video from yours truly) breaking down your name’s:
✨ Registrability
✨ Usability (aka conflict risk); and
✨ Protectability.
No second-guessing; just trademark clarity.