April 23, 2026

Hello Reader,

Most founders assume adding words to a brand makes it stronger.

More descriptive.

More clear.

More unique.

But in trademark law, adding words can sometimes do the opposite.

It can make the brand weaker.

A recent decision from the Trademark Trial and Appeal Board highlights how this happens.

The issue involved a phrase that included the words “made by.”

At first glance, that seems harmless.

Even helpful.

It tells customers who is behind the product.

But from a trademark perspective, those words create a problem.

Because phrases like “made by” often do not function as part of the brand.

They function as informational language.

They describe something.

They do not identify the source.

And that distinction matters.

In trademark law, not every word in a name carries equal weight.

Some words are considered:

• descriptive
• informational
• or generic

When that happens, those words may not be protectable.

In many cases, the USPTO requires a disclaimer.

Which means you cannot claim exclusive rights to that portion of the mark.

This leads to a common misunderstanding.

A founder creates a brand like:

“Product Name made by Company”

It feels more complete.

More polished.

More official.

But legally, the strongest part of the trademark is still just:

Product Name

Everything else may carry little to no weight.

This becomes important when evaluating risk.

Because when the USPTO compares trademarks, it often focuses on the dominant portion of the mark.

Not the extra wording added around it.

So even if two names are not identical, they can still conflict if their core elements are similar.

And adding descriptive or informational words will not necessarily avoid that conflict.

I have seen this play out in a number of filings.

A founder tries to differentiate their brand by adding:

• “made by”
• “created by”
• “official”
• “brand”
• or similar wording

But those additions rarely solve the underlying issue.

Because the focus remains on the part of the name that actually functions as the trademark.

After helping register over 7,500 trademarks, this is one of the more subtle mistakes I see.

It is not about choosing the wrong name.

It is about misunderstanding which part of the name actually matters.

The strongest trademarks are usually simple.

They do not rely on extra wording to carry meaning.

They stand on their own.

Because in the end, a trademark is not just a phrase.

It is a signal of source.

Founder takeaway

Adding words does not always make a trademark stronger.

Sometimes it makes it weaker.

If you are thinking about filing a trademark, this is exactly where small wording decisions can create bigger problems later.

Recent trademark registrations this week

Congratulations to these founders whose trademarks were successfully registered by our firm this week:

All the best,

J.J. Lee and the Trademark Lawyer Law Firm Team

P.S. If you are considering filing a trademark and want to understand the safest strategy, you can review the filing options here:

​Trademark Registration Options Here​

If you know another founder who is building a brand, feel free to forward this email to them.

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