Why a Brand Name Cannot Be Patented


To find a brand name that suits your offering and is in tune with your business is not easy. You have to put in a serious amount of thought, lots of time, and great effort to find the one that clicks. Once you have found that one name, you have to protect it. If you are the first person or company to ever come up with that name, then the law can help you protect that brand name. But, how do you do that? Patent the brand name? No, you cannot patent a brand name! Let’s see why.

Like any new idea, a novel brand name is protected by intellectual property rights. But, every intellectual property can be protected differently. If you have a product or a new service that only you are selling, then you can patent that product or service. Patents can protect your innovation from being used by any other competitor. They cannot use it without your prior permission. You are the only source for such a product or service. Also, a patent can protect an intellectual property for a definite amount of time. After that period of time, the patent cannot be renewed.

A brand name or logo cannot be patented. They are trademarked. First of all, patent requirements are very rigorous. Brand names are generally not able to meet those requirements. Secondly, trademarks can be renewed again and again. This means that no one can use your brand name until you stop renewing the trademark.

Let’s take an example here. Pizza Hut trademarked its brand name. That does not mean that no other company can make pizzas. It was not their original idea, and there is nothing novel about the process of making delicious pizzas. But, what is novel is their brand name. So, while any other company can make a pizza, it cannot say that it’s a Pizza Hut pizza. If any company sells a pizza under the name Pizza Hut, then it can be sued under the laws protecting intellectual property rights.

If you are looking for names that are unique and effective, then find one at <Insert Business Name>. These names have been tested by experts and focus groups to be highly effective. Since these are fresh names, they can be easily trademarked. It will ensure that none of your other competitors can use your brand name.