Trademark & Intellectual Property Guide
This is an educational primer to help you understand the intellectual property concepts that affect naming decisions. It is not legal advice — consult a qualified attorney for advice on your situation.
Last updated 2026-06-29
Trademarks and service marks
A trademark protects words, phrases, symbols, or designs that identify the source of goods. A service mark protects the source of services. Rights generally arise from use in commerce and can be strengthened through registration with a national trademark office (e.g. the USPTO in the United States).
Business names and trade names
A registered business name (often a state-level filing in the U.S.) is distinct from a trademark. Registering a business name does not by itself confer trademark rights and does not guarantee freedom from third-party claims.
Copyright
Copyright protects original creative works (text, images, video, music) fixed in a tangible medium. Short phrases and individual names are generally not protected by copyright.
Domain names
A domain registration is a contractual right granted by a registrar — it is not a trademark. Registering a domain that infringes someone else's mark can expose you to dispute proceedings (UDRP) and litigation.
Your responsibility
Before adopting any name commercially, conduct independent trademark searches in every relevant jurisdiction and class, evaluate the strength of the mark, and seek qualified legal counsel for borderline cases.