If you’ve ever scrolled through Amazon looking for household essentials or electronics, you’ve probably come across those unique Amazon brands. Names like Taygeernis, ZESZICAN, or other names that seem like a jumble of letters rather than meaningful words. These strange-sounding brand names are no accident. In fact, they’re a strategic move to sidestep the most common hurdles in the U.S., Section 2(d) refusals for likelihood of confusion and Section 2(e)(1) refusals for descriptiveness.
For more details on the trademark registration process, see our Step-by-Step Guide.
In this article, we’ll explore why these quirky Amazon brand names exist, what they tell us about trademark strategy, and how the U.S. Patent and Trademark Office (USPTO) evaluates potential conflicts during the trademark application process.
Why These Weird Names Help Get BRANDS Into Amazon Brand Registry
One of the biggest reasons sellers invent strange brand names is to gain access to Amazon’s Brand Registry, which requires a pending application or active registration. Sellers often rush to file applications so they can unlock Amazon’s protections, such as the ability to remove counterfeit listings or prevent others from hijacking their product pages. But here’s the catch: if the USPTO refuses the application, and the seller can’t overcome that refusal, the entire brand strategy may unravel. Amazon may suspend Brand Registry access, leaving the seller vulnerable. So by choosing made up names, sellers are more likely to sail through the application process and avoid messy refusals that delay or derail their Amazon business.
BUT WHY DO THEY NEED TO BE SO… Unpronounceable?
When you apply for a trademark, the USPTO examines your application. Two of the big things they check are whether your trademark is unique enough to function as a trademark and for any conflicts with existing trademarks. If the examining attorney determines that your brand name is confusingly similar to one that’s already registered or pending, your application may receive a Section 2(d) Office Action, refusing registration based on a “likelihood of confusion.” If they determine that your trademark is too descriptive, they will issue a 2(e)(1) refusal.
How Can You Avoid a Trademark Rejection?
Many Amazon sellers are now creating brand names that are intentionally obscure, made-up, or even meaningless, precisely because it mitigates the risk of being too weak, or conflicting with another trademark. By inventing nonsense words, sellers reduce the chance of triggering those refusals. After all, if your brand name is Tronjikoolpick or Zoqwellalim, it’s highly unlikely someone else already applied for something similar, and they definitely are not weak or common words.
Is registering your trademark with the USPTO important? See our articles: 18 Reasons to Register Your Trademark and Can You Lose Your Trademark?
What is a 2(e)(1) Descriptiveness Refusal?
Under Section 2(e)(1) of the Lanham Act, a trademark that merely describes the goods, like SuperSoft Towels for towels, is considered too descriptive to function as a source identifier and will likely be refused registration. Invented or arbitrary names, on the other hand, are inherently distinctive and far more likely to sail through the application process. For Amazon sellers, choosing a fanciful name not only helps avoid likelihood of confusion refusals, but also descriptiveness refusals, both of which can jeopardize their ability to register the mark and access Amazon’s Brand Registry.
An example would be having the brand “creamy” for a yoghurt product, but every case is different, and a strong, persuasive response often requires a combination of legal arguments and marketplace evidence.
What Is a Section 2(d) Refusal?
Under Section 2(d) of the Lanham Act, a trademark application will be refused if it is likely to cause confusion with a previously registered or applied-for mark. The USPTO uses several factors to assess this “likelihood of confusion”, including:
- The similarity in appearance, sound, meaning, and commercial impression
- The relatedness of the goods or services
- The channels of trade (i.e., where and how the goods are marketed)
- The overall strength of the existing mark
Importantly, the marks don’t have to be identical. Even partial overlaps in spelling, pronunciation, or meaning can trigger a refusal if the goods (or services) are closely related. If you want to compare two trademarks for a potential rejections, the key is comparing the similarity of two products, given the similarity of the trademarks. If they are similar in a way that creates a likelihood of consumer confusion, the new application will likely get rejected.
For example, if we compare a brand name like “Banana” for furniture and another brand “Banana” for makeup, even though the trademarks are identical, the goods are different enough. If you see that same brand name Banana as a shoe brand and an apparel brand, then you might have an issue.
When You’ll Hear From the USPTO: The Office Action
If the examining attorney believes your mark could be confused with another, or that your brand is too weak to function as a trademark, they will issue an Office Action explaining the refusal. This document outlines the reasons for the rejection and invites you to respond with legal arguments or amendments.
Responding to a 2(d) refusal
A response for a 2(d) refusal would include any argument that would convince the Examining Attorney that the two trademarks as applied to the products are not likely to cause consumer confusion. This line of argumentation typically includes:
- A legal argument distinguishing your mark from the cited registration(s)
- Evidence of coexistence in the marketplace without actual confusion
- An amendment to the goods/services description to narrow the scope
- In some cases, a consent agreement between the parties involved
Responding to a 2(e)(1) Descriptiveness Refusal
If the USPTO issues an Office Action under Section 2(e)(1), it means the examining attorney believes your trademark is merely descriptive of your goods or services. To respond, you typically need to:
- Argue that the mark is suggestive, not descriptive — by showing that it requires imagination or thought to connect the name to the product.
- Provide evidence of acquired distinctiveness (also called “secondary meaning”), especially if the mark has been used extensively in commerce.
- Amend the application to the Supplemental Register — this can be a strategic move for descriptive marks that aren’t yet eligible for the Principal Register.
Key Takeaways: What This Means for Your Business
Don’t worry – you don’t Have to Be ZYXQWRT to Register a Trademark! In fact, while random names might help you avoid conflicts, they’re not always the best long-term branding choice. Your trademark should also resonate with your audience and reflect your business identity. The goal is to strike the right balance: distinctive enough for registration, but memorable enough for your customers.
That being said, if you’re launching a new product or building a brand, don’t fall into the trap of assuming any name you like will be available. The USPTO’s database is vast, and the standards for “confusingly similar” can seem arbitrary to the untrained eye, and even if your name seems unique to you, there could be an issue with the way it is associated with your product. The popularity of strange Amazon brand names is a testament to the difficulty of carving out distinctive, registrable marks in a crowded marketplace.
Having trouble with Amazon brand name registration? Our trademark attorneys help brands overcome USPTO refusals, build compliant brand names, and navigate Amazon’s brand registry. Stemer Law (Stemer, P.A.) is a Denver trademark law firm serving clients across the U.S. and abroad. With 1,000+ trademarks filed, we make brand protection simple, affordable, and effective. To speak with a trademark attorney contact us at hello@stemerlaw.com or (303) 928-1094
FAQ: Why Are Amazon Brand Names So Weird? Understanding Trademark Refusals
Many sellers create invented or meaningless brand names to avoid trademark refusals under Section 2(d) (likelihood of confusion) and Section 2(e)(1) (descriptiveness). A unique, “nonsense” word is less likely to conflict with an existing mark and more likely to register quickly, giving the seller faster access to Amazon’s Brand Registry.
A 2(d) refusal happens when the USPTO believes your trademark is too similar to another registered or pending mark, creating a “likelihood of confusion.” The examiner looks at factors like sight, sound, and meaning of the marks, plus how related the goods or services are. Even partial overlaps can trigger this type of refusal.
A 2(e)(1) refusal means the USPTO thinks your trademark merely describes your goods or services. For example, “Creamy” for yogurt or “Soft Towels” for towels would likely be refused. Fanciful or arbitrary marks, like coined words or unrelated names, are far more likely to register without issue.
Invented names bypass the most common trademark refusals and help sellers move quickly through the USPTO process so they can qualify for Amazon Brand Registry. Once registered, they gain tools to remove counterfeit listings, control product pages, and protect their brand reputation.
You can respond by providing legal arguments, narrowing your goods description, or submitting evidence that your mark has acquired distinctiveness. In some cases, filing on the Supplemental Register or negotiating a consent agreement may help overcome the refusal.
Not at all. While made-up names often avoid refusals, the best trademarks balance distinctiveness with memorability. Your brand name should resonate with customers and reflect your identity, just make sure it’s unique and not merely descriptive of your goods.
Leave a Reply