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 co...

In this episode of Naming in the AI Age, Mike Carr and Ashley Elliott discuss how to reduce legal risk in brand naming, using the Smucker’s vs. Trader Joe’s case as an example. They contrast descriptive names like Trader Joe’s Crustless Pean...

In this episode of Naming in the AI Age, Ashley Elliott explains how to read a USPTO trademark record using Nike as an example. She clarifies that multiple “Nike” entries represent different filings for various product...

Using your trademark properly is just as important as registering it. Misuse can weaken protection and even make a mark generic. Trademarks should act as adjectives, not nouns or verbs—say “Nike shoes,” not “Nikes” or “I’ll FedEx this.” Brands ...

The spectrum of distinctiveness explains why some brand names are stronger than others in trademark protection and branding. Generic terms like “milk” or “bread” can never be protected, while descriptive names such as “Quick Print” are weak unl...