How do I trademark a business name?

File an application with the USPTO, pick the right class, and include a clear description of your goods or services.

What is a trademark in business?

A trademark is a source identifier, such as a name or logo, that distinguishes your goods or services from others.

Why do I need to trademark my business name?

Without registration, your rights are limited and hard to enforce. A federal registration makes enforcement faster and clearer.

What Is Dilution in Trademark Law?

Jun 26

Written By Liscah Isaboke, Esq.

Understanding Trademark Dilution

While likelihood of confusion focuses on whether consumers mistake one brand for another, trademark dilution protects famous marks even when confusion is unlikely. Dilution recognizes that some brands are so well-known that any unauthorized use can weaken their power.

The Two Types of Dilution

Under the Lanham Act, there are two main forms:

Dilution by blurring: This occurs when a famous mark’s distinctiveness is weakened by use on unrelated products. Example: “Kodak Shoes” would blur the strong association between Kodak and cameras.
Dilution by tarnishment: This happens when a famous mark is linked to inferior or unsavory products, harming its reputation. Example: Using “Coca-Cola” on adult entertainment products would tarnish the mark.

The Fame Requirement

Not every brand qualifies for dilution protection. The mark must be famous—widely recognized by the general consuming public. Courts look at factors like:

Advertising and sales reach.
Length and extent of use.
Geographic spread.
Recognition by surveys or media coverage.

Key Cases

Moseley v. V Secret Catalogue: The Supreme Court addressed whether “Victor’s Little Secret” diluted “Victoria’s Secret.”
Starbucks v. Wolfe’s Borough Coffee: Starbucks successfully argued that “Charbucks” blurred its famous mark.

Why Dilution Matters

For famous brands, dilution ensures competitors cannot “free ride” on reputation. It also protects against brand fatigue—when a name becomes overused in unrelated contexts and loses its uniqueness.

Strategic Takeaways

For large brands: Regular monitoring and enforcement are necessary.
For small businesses: Avoid choosing names that mimic or parody famous marks. Even without confusion, dilution claims can lead to lawsuits.
For startups: Focus on building a distinctive identity rather than borrowing credibility from existing giants.

Fame Comes With Extra Protection

Dilution ensures that famous marks stay powerful. It reflects the principle that some names carry such weight that even distant uses can damage them. For businesses, understanding dilution is key to both avoiding liability and planning brand growth.

You apply through the U.S. Patent and Trademark Office (USPTO), providing details about your business, your mark, and the goods or services you offer. Once approved, your name is legally protected.
File an application with the USPTO online, select the correct class of goods or services, and pay the required filing fees. Legal assistance helps avoid mistakes.
Search to ensure the name isn’t already taken, then file with the USPTO. After examination and possible publication for opposition, the USPTO grants registration.
A trademark is a legal right protecting names, logos, or symbols that identify and distinguish a brand’s goods or services.
It prevents others from using your name, gives you nationwide protection, and adds credibility when building your brand.
Without a trademark, your business name has limited legal protection. Registration helps you enforce your rights if competitors copy or misuse your name.

Liscah Isaboke, Esq. https://isabokelaw.com/liscah-isaboke