Wondering what you should actually trademark? Your business name is just the start. Logos, taglines, colors, even sounds and smells can all function as protectable brand assets.

In this episode, trademark attorney Jessica Eves Matthews breaks down the five rung distinctiveness spectrum that determines whether a mark can be registered at all, and why founders who pick descriptive names end up unable to protect their brand for years. You’ll learn the difference between fanciful, arbitrary, suggestive, descriptive, and generic marks, how to search the USPTO’s free TESS database before you commit to a name, and why filing an intent to use application early can lock in priority rights before you’ve made a single sale.

Covered in this episode:

• What qualifies as a trademark, including colors, sounds, and packaging
• The five level trademark strength spectrum explained with real brand examples
• Why descriptive names are the hardest to protect
• How to search the USPTO TESS database before naming your business
• When to file an intent to use application and what it costs