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How to Choose the Best Trademark Type in the USA to Avoid Rejection


Table of Content

1. Introduction
2. The U.S. Trademark Landscape: A Look at 2025
3. What Are the Different Types of Trademarks in the USA?
4. The Distinctiveness Hierarchy: Why It Matters in Trademark Applications
5. Why Choosing the Right Trademark Type Matters
6. Wordmarks vs. Design Marks: Which Is Better for Your Brand?
7. Common Reasons Why Trademarks Get Rejected
8. How to Avoid Trademark Rejection Before You File
9. Do You Need to Hire a Trademark Attorney?
10. Examples of Successful Trademark Strategies in the USA
11. What to Do If Your Trademark Application Is Rejected
12. Conclusion
13. Related Reading

 

1. Introduction

You’ve built your brand—now it’s time to protect it in the U.S. But with strict USPTO trademark requirements, how do you ensure your mark is unique and rejection-proof?
 
Each year, many trademark applications are denied due to lack of distinctiveness, conflicts with existing marks, or filing errors. Understanding trademark types and USPTO guidelines can significantly improve your approval chances.
 
Whether you're a first-time applicant or have filed before, this guide will help you navigate the U.S. trademark process, avoid common pitfalls, and secure the protection your brand deserves.


2. The U.S. Trademark Landscape: A Look at 2025

As 2025 unfolds, the U.S. trademark system presents both opportunities and challenges for businesses. Trademark applications reached 767,138 in 2024, reflecting a 4.1% increase compared to the previous year.
 
This growth underscores heightened business activity and a growing awareness of the importance of intellectual property protection.
 
Meanwhile, 453,454 trademarks were successfully registered in 2024, marking a strong recovery from the 10.1% decline in filings the year before.



Figure 1. New Registrations since 2021. Source: USPTO 2024.

With trademarks more vital than ever for brand identity and consumer trust, the USPTO continues enforcing strict approval criteria.

In 2025, new fee adjustments target inefficiencies, adding surcharges for incomplete filings, vague descriptions, and free-form text fields. Paper filing costs have also increased, pushing businesses toward electronic applications.

To succeed, brands must choose the right trademark type and ensure precise classifications, reducing costs and improving approval chances in a competitive market.


3. What Are the Different Types of Trademarks in the USA?

Trademarks go beyond just names and logos—they can protect shapes, sounds, colors, and even packaging to help your brand stand out. Tiffany & Co. owns its signature blue, while Coca-Cola protects the shape of its bottle.

Here are the key U.S. trademark types:

  • Word Marks: Protect names, slogans, or phrases (e.g., Nike’s Just Do It).

  • Design Marks: Cover logos and symbols, like McDonald’s golden arches.

  • Sound Marks: Secure unique sounds, such as the NBC chimes.

  • Color Marks: Trademark distinct colors if they’re closely tied to brand identity (e.g., Tiffany blue).

  • Trade Dress: Protects the overall look and feel of a product or packaging, like Coca-Cola’s bottle shape.

  • Service Marks: Used for services instead of products (e.g., FedEx).

Choosing the right trademark type strengthens your brand’s legal protection and helps avoid USPTO rejection.


4. The Distinctiveness Hierarchy: Why It Matters in Trademark Applications

In addition to understanding the different types of trademarks, it’s essential to grasp how distinctiveness affects the trademark application process.
 
Trademarks are evaluated based on their ability to uniquely identify and distinguish your brand from others.
 
The more distinctive your trademark, the easier it will be to register and defend against infringement—and the less likely it will be rejected by the USPTO. The distinctiveness hierarchy goes as follows, from the strongest to the weakest protection:

  • Fanciful Marks: These are completely made-up words with no meaning outside the brand, like “Pepsi.” Fanciful marks offer the highest level of protection because they are unique and original, making them the best choice to avoid rejection.

  • Arbitrary Marks: These are existing words used in a completely unrelated context, such as “Amazon” for an online retailer. While not as strong as fanciful marks, they still offer strong protection and are less likely to be rejected.

  • Suggestive Marks: These require a bit of imagination to connect the name to the product, like “Netflix,” which suggests internet-based movies. Suggestive marks offer solid protection, though they are not as easily defended as fanciful or arbitrary marks.

  • Descriptive Marks: These describe a product or service directly (e.g., “Vision Center” for eyewear services). Descriptive marks can be protected, but only if they acquire secondary meaning—i.e., if consumers associate the mark with a specific company. Without secondary meaning, they are likely to be rejected.

  • Generic Marks: These refer to a general class of products or services and can never be trademarked. For instance, “Elevator” was once a brand but became a generic term over time, leading to the loss of trademark status.


Figure 2. Distinctiveness Hierarchy US Trademarks Source: USPTO.


5. Why Choosing the Right Trademark Type Matters

Choosing the right trademark type, whether it’s a word, visual, or sound, is crucial for both securing strong protection and avoiding rejection.
 
Selecting a distinctive mark that aligns with your brand strategy can significantly improve your chances of approval, while the wrong choice, such as a descriptive or generic mark, can either lead to rejection or limit your protection.
 
Descriptive marks require proof of secondary meaning, while generic marks can’t be trademarked at all, leaving your brand vulnerable.
 
A unique, easily distinguishable mark, such as a fanciful or arbitrary trademark, ensures stronger protection and makes defending your brand easier.
 
Additionally, selecting a mark that fits both your current needs and future growth plans is essential.
 
A flexible trademark will help your brand evolve and expand without legal complications.


6. Wordmarks vs. Design Marks: Which Is Better for Your Brand?

When it comes to protecting your brand, choosing between a wordmark and a design mark is an important decision. Each type offers unique advantages, and depending on your brand’s needs, one might be more suitable than the other.


Wordmarks:

A wordmark protects the text of your brand name, independent of any specific font or graphic design.

Advantages:

  • Brand Name Protection: A wordmark safeguards your brand’s name itself, regardless of how it’s presented visually.

  • Simplicity: Easier to register and defend, especially if your brand relies on the name for recognition.

  • Clear Recognition: Ideal for businesses where the brand name is central to consumer awareness and loyalty.


Design Marks:

A design mark focuses on logos, symbols, or other graphic elements without any text.


Advantages:

  • Visual Identity: A well-designed logo can become a strong symbol that consumers recognize instantly.

  • Universal Appeal: A logo or graphic design can transcend language and be understood by a wider audience.

  • Emotional Impact: Logos often create a stronger emotional connection with consumers, thanks to their visual appeal.


Should You Register Both?

While many businesses choose to register both a wordmark and a design mark, this decision depends on your brand’s needs and budget.
 
Registering both types of trademarks provides the broadest protection—ensuring that no one can use either your brand name or your logo in a way that could cause confusion in the market. However, this can be more expensive and time-consuming.
 
If you’re on a budget, you might start with one type of trademark, typically the wordmark, and consider adding the other as your brand grows and its visual identity becomes more important.


Which Is Best for Your Brand?

If you’re primarily concerned with protecting the name of your business, a wordmark may be your best option. If visual identity and logo recognition are more important, then a design mark may suit your needs better.

Ideally, registering both offers the most comprehensive protection for your brand in the long run, but it’s up to you to decide based on your brand strategy and available resources.


7. Common Reasons Why Trademarks Get Rejected

You’ve built your brand, designed a logo, and submitted your trademark application—only to receive a rejection notice. What went wrong?


 
The USPTO has strict rules, and even small mistakes can lead to denial. Here are the top reasons trademarks get rejected:

  • Too Descriptive: A trademark must distinguish your brand, not just describe it. “Fresh Bread Bakery” for a bakery? Too generic.

  • Likelihood of Confusion: If your mark is too similar to an existing trademark, it won’t get approved. Always research before filing.

  • Incorrect Specimen: Your trademark must match how it’s actually used in commerce. If you submit the wrong proof, expect rejection.

  • Wrong Class or Description: Trademarks fall into 45 categories. Misclassification or vague descriptions can delay or deny approval.

  • Offensive or Scandalous Marks: The USPTO won’t approve trademarks deemed immoral, deceptive, or offensive.

  • Non-U.S. Applicants Without a U.S. Attorney: If you don’t have a U.S. address, you’re legally required to hire a U.S.-licensed attorney.

  • No Verified Address: Your domicile address must be accurate and verifiable—otherwise, automatic rejection.

  • Improper Format: Generic slogans or marks that don’t function as brand identifiers will be denied.

 Avoiding these mistakes saves time, money, and frustration. Do your research, file carefully, and seek expert help when needed.


8. How to Avoid Trademark Rejection Before You File

When filing for a trademark, preparation is key to success. Taking the right steps before you even submit your application can save you time, money, and frustration. Here's how you can avoid trademark rejection before you file:

1. Do Your Research:  Before filing, conduct a thorough trademark search to avoid potential conflicts and ensure your mark is unique. Start by searching the USPTO database to check for existing trademarks that might be too similar to yours.

In addition, consider using third-party tools Tools such as the Nominus Search Tool, or consult professional trademark services (see point 6 below). This will ensure you’re aware of any issues before moving forward with your application.

 Figure 3. Nominus Trademark Search Tool. Source: Nominus.com.


2. Use USPTO Resources: The USPTO offers several helpful tools to guide your application. For example, the Trademark ID Manual helps you correctly categorize your goods and services, ensuring you select the right class. 

3. Check Your Specimen: Your specimen—proof of your trademark’s use—must match the claim made in your application. If the specimen is misleading or doesn’t reflect how the trademark is actually used, it can cause delays or rejections. For example, if you claim your trademark is used on a product but submit a specimen showing it on packaging for a different type of product, it can lead to problems with your application. 

4. Ensure Correct Class Filing: In addition to having the correct specimen, your trademark application must cover all the goods and services you offer, filed under the appropriate classes. For example, if you provide both physical products (like software) and digital services (like consulting), these should be filed under separate classes. Failing to do so might result in partial rejections or inadequate protection for one part of your business. 

5. Ensure Proper Formatting: Avoid errors by formatting your application according to USPTO standards. Ensure that claims are crafted correctly and clearly. For example, avoid including overly complex or unnecessary claims that may confuse the examiner. 

6. Consult an Expert: If you're unsure about the process, consulting a trademark attorney can help ensure your filing is accurate and compliant with USPTO guidelines. (See the section below on the benefits of Hiring a Trademark Attorney).

By taking these steps to prepare thoroughly, you can help ensure that your trademark application stands a better chance of approval.
 


9. Do You Need to Hire a Trademark Attorney?

Hiring a trademark attorney isn’t mandatory for U.S. residents, but it significantly increases approval chances by avoiding costly mistakes. However, non-U.S. applicants must hire a U.S.-licensed attorney for USPTO applications.

Want to dive deeper into this topic? Check out our blog post: Registering a Trademark in the US: Do I Hire an Attorney or Do It Myself?


Benefits of Hiring a Trademark Attorney

✔ Legal Expertise: Ensures your trademark meets USPTO requirements.
✔ Comprehensive Search: Avoids conflicts by checking USPTO and common law trademarks.
✔ Smooth Filing Process: Prevents errors that lead to rejection or delays.
✔ Appeals & Enforcement: Helps defend against rejections and trademark infringements.

Avoid mistakes like misclassification or incorrect filing. Get professional guidance to secure your trademark successfully.

Register your trademark in the USA with expert support from Nominus.com.


10. Examples of Successful Trademark Strategies in the USA

Big brands don’t just register trademarks—they use them strategically to protect their identity, prevent copycats, and strengthen customer trust. Here’s how five major companies have mastered trademark protection:

Coca-Cola: Protecting Every Brand Element

Coca-Cola’s trademark strategy goes beyond just a logo. The company has secured exclusive rights to its iconic script, signature red color, and even the shape of its glass bottle. This layered approach ensures that no competitor can imitate its brand experience.

McDonald’s: Defending the "Mc" Brand Worldwide

McDonald’s doesn’t just protect its name—it fiercely defends the "Mc" prefix in court. From stopping restaurants like McSleep Inn to challenging McCoffee, the fast-food giant ensures no one can ride on its brand recognition.

Nike: Turning a Simple Swoosh into a Powerhouse

Nike’s swoosh logo and brand name are both protected trademarks, but what makes them powerful is their uniqueness. The word "Nike" comes from Greek mythology, making it an arbitrary (and strong) trademark. Lesson? A truly distinctive name is easier to protect.

Apple: Trademarking in the Digital Age

Apple goes beyond traditional trademarks by monitoring app store submissions, domain registrations, and social media to stop unauthorized use of its name. Its aggressive digital trademark enforcement prevents counterfeit apps and fake websites from misleading customers.

Amazon: Fighting Counterfeits with Trademark Tools

Amazon’s Brand Registry helps trademark owners remove counterfeit listings and unauthorized sellers. This feature gives businesses more control over their brand presence in the massive e-commerce marketplace.


11. What to Do If Your Trademark Application Is Rejected

Getting a trademark rejection can be frustrating, but it’s not the end of the road. Here’s how to turn things around:

  • Check the Reason for Rejection: Common issues include similarity to an existing trademark, being too descriptive, or improper classification.

  • Negotiate a Co-Existence Agreement: If your mark conflicts with another, you may be able to reach an agreement with the trademark owner—though this can be risky.

  • Request a Reconsideration: If you believe the rejection was unfair, you can submit new arguments or evidence to the USPTO for review.

  • File an Appeal: If reconsideration fails, you can take your case to the Trademark Trial and Appeal Board (TTAB) for a second opinion.

  • Refile with a Stronger Trademark: If all else fails, consider modifying your trademark or rebranding for better approval chances.


12. Conclusion

The U.S. trademark process can be challenging, but understanding trademark types and USPTO requirements helps you avoid rejection. Choosing a distinctive trademark and filing correctly increases your chances of approval.

Staying up to date with trademark laws, conducting a comprehensive search, and ensuring proper classification are key steps to success. Avoid common mistakes and take a strategic approach to safeguard your brand.
Need expert assistance? Register your trademark in the US today and protect your business with confidence!


13. Related Reading

Registering a Trademark in the US: Do I Hire an Attorney or Do it Myself?
 
7 Reasons You Should Register Your Trademark in the U.S.
 
Guide to Registering a Trademark in USA with the US Patent and Trademark Office - USPTO