At Four Reasons Legal, we’ve seen clients through many trademark cases. We know what makes trademark applications less likely to get approved. Our firm provides support for trademark applicants that get denied. In many cases, our clients make the same mistakes. Improve your chances of getting rights to your mark by learning from our mistakes. Here are some common mistakes to avoid when applying for a trademarked business name.

Applying for a “Clear” Business Name

A clear business name is one that directly describes what the business does or provides, without much embellishment. For example, “Denver Chicken” or “Hand Sewn Clothes.” Many business owners are initially drawn to clear names since they efficiently convey what their business is about. However, naming a business involves a careful balance of description and brand identity. Purely descriptive names can run into challenges when applying for a trademark.

The Purpose of a Trademarked Name

Getting a business name trademarked is about protecting your intellectual property, or IP, increasing public recognition, and helping you compete in your market. For those reasons, a business name should be unique and identifiable. Many names also give potential customers an idea of what the business does or provides, although that isn’t strictly necessary for a name.

This is when clear names become a problem. A name like “Hand Sewn Clothes” describes very clearly what your business does, but it doesn’t provide customers with any idea of who the clothes came from. Generic words and phrases are often barred from being trademarked, since they are not original and cannot be claimed by one person.

Colorado has records of over 14,000 trademarks, and the United States Patent and Trademark Office (USPTO) took in over 830,000 trademark filings in 2024 alone. If the USPTO approved every common-word trademark request, there would soon be no words left to trademark. Quite simply, you can’t trademark common words that are the primary name of your product.

For example, you cannot trademark the word “Banana” to sell bananas. However, the word “Apple” was granted trademark rights because the company sells computers (and not apples). A name should uniquely describe the product it represents.

It’s also important to prove that you’ve already been using the name in your business, not just that you intend to use it in the future.

Guidelines for Business Names

Many businesses apply for trademarks in the U.S. each year, and only 36% of them are approved on the first action. Many have to go through revisions after their “First Action” is denied. Carefully considering your name and being thorough in your application can help you improve the chances of obtaining rights to your trademark.

When you choose to hire a trademark lawyer to help you through the process, you gain invaluable knowledge, advice, and experience. When preparing to trademark a name, an attorney can help you complete the tasks listed below:

• Conduct research. Check that the name, and names similar to it, are not already in use, even in a different niche.
• Consider the name carefully. Does it match your brand identity, and is it unique without being random?
• Fill out and submit the application. Being thorough on the application, not skipping questions, and providing all the requested information is essential. Double-check all requirements for submitting an application before doing so.
• Respond promptly to any responses or requests from the USPTO.

Protecting Your Intellectual Property with a Trademark

Submitting an application doesn’t mean that your trademark rights request is going to be approved, but it’s a very good start. Trademarks also aren’t permanent, and you should renew them when required to maintain rights to your business’s use of the name, logo, or other mark.

Trademarking your business name can also be one part of a larger strategy to protect your IP. Enforcing your trademark provides you with legal options if others copy your name, trademark other elements of your business, or attempt to file patents on your ideas. When you work with a trademark attorney from Four Reasons Legal, we can help you figure out what your business needs and create a plan to pursue your goals.

FAQs for Denver Trademark Lawyers

Q: What Is the Most Common Reason a Trademark Might Be Rejected?

A: One of the most common reasons for trademarks being rejected is having incomplete, inaccurate, or rushed applications. The USPTO sees many trademark applications each year and can quickly reject an application if it is filed incorrectly. Many people hire a trademark lawyer to help them complete their application correctly or, at minimum, review it before submitting.

Q: Is it Really Worth Getting a Trademark on a Business Name and Logo?

A: In short, yes, it is worth getting a trademark on a business name and logo. If you’re seeking expansion of your business, want the public to recognize a stronger brand identity, or want to protect your name and logo from being copied, then getting a trademark is a worthwhile business expense. While the process might be frustrating, it offers valuable benefits to businesses of all sizes.

Q: What Is the 5-Year Rule for Trademarks?

A: The 5-year rule for trademarks explains that, for most U.S. trademarks, you must take additional action after 5 years to maintain your rights over the trademark. Generally, this means filing a statement affirming that you continue to use the trademark in your business. Not properly maintaining trademark ownership can lead to the trademark expiring.

Q: Do I Need a Lawyer to Get a Trademark for My Business Name?

A: Getting a lawyer for your trademark for your business name is not required, but it can be very beneficial. The trademark process is complicated, and a mistake can cause your application to get rejected or delayed. Working with a trademark attorney helps you avoid mistakes, receive professional legal advice, and create a plan to protect your IP in the years to come.

Hire a Trademark Lawyer You Can Trust

Trademarking your business name isn’t something you want to rush to complete or do improperly. If you do, you run the risk of others copying your name or losing rights to your trademark. Choosing a name that makes sense for your business and will likely be approved by the USPTO is vital to the process.

At Four Reasons Legal, we’re dedicated to helping businesses, inventors, and other individuals protect their intellectual property rights. With more than 15 years in IP law, we’re a firm known and trusted in Denver, as well as across the country. Contact us to learn more about how we can help you meet your IP goals.