by Stephanie Pottick, Esq., Pottick Law PC & Protect for Success
Believe it or not, picking a name (trademark) for your business or brand can be one of the most important business and legal decisions you will make. But choose wisely, because a great name can be a valuable asset, and a bad one can lead to legal headaches, costly rebranding, and consumer confusion.
What A Strong Name Can Do
A strong name stands out from competitors and makes your business or products memorable. This helps build trust and credibility with customers and makes it easier for them to find your business. A strong name creates brand recognition, loyalty, and value for your company. Coca-Cola, Amazon, Google, and McDonald’s are prime examples.
Stephanie Pottick, Esq.
Picking a Strong Name
Some names are more protectible than others. Here are some things to keep in mind when naming your business.
- The most protectible names are made up like Xerox, Exxon, and Google.
- A step down would be using arbitrary marks in connection with your specific products or services — for example, using “Apple” for computers.
- Next down on the scale are suggestive marks that hint at what your product or service might be. The goal is to be suggestive without being descriptive, like Coppertone for suntan products.
- “Merely descriptive” marks are only protectible if they’ve acquired “secondary meaning” in the marketplace; otherwise, they are not protectible.
- Generic names are not protectible, meaning you can’t protect the word “coffee” in connection with coffee products.
Brainstorming Names
But where do you start? Come up with various names and then search them online to see whether you find anything that looks confusingly similar. If you do find something, move to the next one so you don’t choose a name someone else is already using, which might cause a “likelihood of confusion.”
Then, once you’ve found some potential names, it’s time to contact a trademark attorney who will perform a more thorough search in the countries where you want to use and protect the mark.
Pay attention to your contract. Each category has its own unique set of rules, issues, and concerns. There’s no one-size-fits-all option, so you need to pay close attention to what your license agreement says. One word can make the difference between keeping and losing your IP — plus you want to make sure you are maximizing your revenue by using beneficial contract terms rather than restricting future use. This is where it’s important to educate yourself and engage with experienced professionals.
Making Your Store Name a Brand
It’s probably easy to think about product brand names like Matchbox, Squishmallows, etc., but independent store names count, too. Did you know that Toys “R” Us started as Children’s Supermart before becoming Toys “R” Us? The Toys “R” Us name became so iconic that its legal team was able to stop others from using “R Us” and the backward “R” in the logo — how’s that for picking the right name?
Final Thoughts
No strategy is bulletproof, but taking proactive steps and following some of the guidelines above (before you spend a lot of money on the name) can minimize costly lawsuits and the risk of rebranding.
Your name and trademark can be one of your company’s most valuable assets, so whether you’re using it for a product or on the sign above the entrance to your independent toy store, choose and protect it properly so you can build your empire
Disclaimer: This article is for informational purposes only and not intended as legal advice. Don’t rely on anything without doing your due diligence first.
Stay on the Pulse of Play!
A version of this feature was originally published in The Toy Book‘s 2026 Specialty Toys & Gifts Issue. Click here to read the full issue!
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