Naming a brand requires both creative thinking and an understanding of how trademark examiners and courts evaluate potential conflicts, using frameworks like the USPTO’s DuPont factors and the courts’ Polaroid factors to assess likelihood of confusion. They look at the strength and distinctiveness of existing marks, how similar two names sound or appear, whether the goods or services target the same customers, and whether an established brand might reasonably expand into a new category. Real-world confusion, overlapping marketing channels, how carefully customers make purchase decisions, and any evidence of intentional copying also carry significant weight.

Disclaimer: We are not attorneys and do not provide legal advice. We always recommend consulting an IP attorney.