How to Pick a Strong Trademark for Your Business

ByMarkport

Practical tips to help your brand stand out and avoid confusion

Choosing a trade mark—whether it’s your business name, product label, or service brand—isn’t just a creative decision. It’s a strategic one. The name you choose is how people remember, find, and recommend your business. A clear and distinctive trade mark makes it easier for customers to ask for you by name—and harder for them to confuse you with someone else.

Every step a customer takes—from hearing about you to searching for you to making that first purchase—is a chance for confusion that leads to lost opportunities. A well-chosen trade mark reduces that risk and sets your brand apart.

By definition, a trade mark is any sign that helps distinguish your goods or services from someone else’s. That could be a word, phrase, logo, colour, or even a sound. But for most small businesses, it starts with a name—and the clearer and more distinctive that name is, the better your chances of getting noticed, remembered, and chosen.

The key to a strong trade mark is this: it shouldn’t describe your product. It should identify your business as the source of that product. It’s not just a label. It’s a signal to your customers that what they’re buying comes from you—and not from a competitor down the road or online.

Common Mistakes That Hurt Your Visibility

If your trade mark isn’t clear, memorable, or unique, potential customers can make simple but costly mistakes—especially when trying to search for you online or recall your business name later.

Here are a few common scenarios:

  • Sound-alike names: You call your business Grill’d Up, but people searching for you type Grilled Up or end up on the website of a bigger burger chain.
  • Hard-to-spell names: Your café is called Café Crèmeux, but customers type Cafe Creamew or just give up trying to find you.
  • Too generic: You name your business Fresh Thai Food—but so have 20 other takeaway shops. On Google, you disappear in a sea of similar listings.
  • Similar to existing brands: You open Glow Beauty Lounge without realising Glow Beauty Bar already exists nearby. Your clients tag the wrong business on social media or leave reviews on the competitor’s page.
  • No clear search result: Someone hears about your store The Little Things but finds multiple results—homewares, jewellery, even a band. They’re not sure which one is yours, so they don’t follow up.

In each case, the person trying to reach you runs into a barrier—and you risk losing the sale, the referral, or the repeat customer.

1. Avoid Forgettable, Common, and Descriptive Names

If your trade mark describes exactly what you do—like The Coffee Spot or Fast Car Wash—it’s hard to protect and even harder to stand out. These names blend in, especially online, where dozens of similar results appear.

A strong trade mark sets you apart. It gives you legal protection and marketing power. Generic names don’t do that. Descriptive terms can’t be owned exclusively and are often used by other businesses in your industry.

Instead, choose something unique that won’t get confused with what everyone else is doing. Names like Milky Lane, Ecowash, or Gelatissimo don’t describe the product directly, but they’re easier to find, remember, and associate with a specific business.

Even if a descriptive name sounds good in conversation, it’s not doing the work of helping people find you and only you.

2. Make It Easy to Say, Spell and Search

A good trade mark is something your customers can say out loud, spell correctly, and type into a search bar without getting lost.

Tips for choosing a user-friendly name:

  • Keep it short and clear (e.g. Zambrero, Koala, Uber).
  • Avoid complicated or stylised spellings unless you’re investing heavily in brand awareness.
  • Check that the domain name and social media handles are available—and consistent.

Also, consider where your business might grow in the future. A name that works in Australia may not work in other regions. Check for negative meanings in other languages or potential clashes with overseas brands.

Ultimately, your name needs to be easy to repeat and easy to search—because that’s how most customers will find you.

3. Use Design, Colour, and Style to Stand Out

Your trade mark doesn’t just live in words—it also shows up in how it looks. Visual elements like colour, typography, and logos help your brand stand out in a crowded market.

Tips to strengthen your visual branding:

  • Pick colours that contrast with your major competitors, especially if you’re in a well-established market.
  • Choose fonts that match your brand personality—whether bold and modern, soft and elegant, or playful and casual. Just make sure they’re easy to read.
  • Add a visual element like a simple icon, shape, or unique design detail that makes your brand recognisable at a glance—even if the name isn’t fully visible.

For example, many cafés use green logos with handwritten fonts. If your shop does the same, it may blend in. A clean, minimalist logo with warm earth tones or a distinctive illustration could make your café easier to spot and remember.

Real-world tip:
Avoid unintentionally copying visual themes from big brands. For instance, red-and-white colour schemes in a soft drink brand may bring Coca-Cola® to mind. Choose visual elements that help you own your space.

Final Thoughts

A trade mark isn’t just a name—it’s how people find you, refer to you, and remember you. The right one will give your business a clear identity, legal protection, and room to grow. The wrong one can get buried in search results or confused with someone else.

At Markport™, we help small businesses and growing brands choose trade marks that are distinct, practical, and built for success.

Need a quick consultation with our trademark attorney or brand designer?
Your first consultation is completely free — visit markport.com.au/contact-us to get started.