Can I Use a Trademark If I Add My City Name?

Can I Use a Trademark If I Add My City Name?

Adding your city name to a trademarked brand might seem like a clean workaround. "Austin Coffee Co." sounds different from "Coffee Co." — so it must be a new mark, right?

Not quite. This is one of the most common misconceptions founders make before launch, and it can lead to cease-and-desist letters, forced rebrands, and wasted marketing spend.

This guide breaks down exactly how trademark law treats city names, what the USPTO looks for, and how to make a sound naming decision before you commit.

Why Founders Think Adding a City Name Solves the Problem

The logic makes intuitive sense: if someone has trademarked "Apex Studio" in New York, and you're opening "Apex Studio Austin" in Texas, surely those are different businesses?

The problem is that trademark law doesn't operate on geography the same way business registration does. When you register an LLC with your state, the state only checks for name conflicts within that state. That's a separate system from federal trademark law entirely.

A federally registered trademark is nationwide. It doesn't matter if the existing trademark holder is operating exclusively in one city — their rights apply across the entire country. Adding your city name to their mark doesn't carve out a geographic safe zone for you.

What "Geographically Descriptive" Actually Means (And Why It Cuts Both Ways)

The USPTO has a specific legal category called "primarily geographically descriptive" marks. Under Section 2(e)(2) of the Trademark Act, the USPTO can refuse to register a mark if its primary significance is a geographic location.

So "Austin Coffee Roasters" — where you actually roast coffee in Austin — might be refused registration because it simply describes where the business operates and what it sells. Every other coffee roaster in Austin would have a legitimate reason to use that phrase.

This cuts both ways:

• It can hurt your registration attempt. If your mark leans too heavily on a city name, the USPTO examiner may reject it as merely descriptive.
• It doesn't protect you from infringement claims. Just because your mark might be hard to register doesn't mean using it is automatically safe. If someone else already holds a registered trademark for a similar name (without the city), you may still be infringing.

The Central Question: Does Adding a City Name Avoid Infringement?

The short answer: not reliably.

The test for trademark infringement isn't "are these names identical?" — it's "likelihood of confusion." Courts and the USPTO ask whether a reasonable consumer might believe the two brands are affiliated, endorsed by, or the same company.

When evaluating likelihood of confusion, they consider:

• How similar the marks look and sound
• How similar the goods or services are
• The strength of the existing mark
• Whether consumers are likely to encounter both brands

A geographic modifier like "Austin" or "Brooklyn" is generally considered a weak differentiator — especially for online businesses. If your target customers are anywhere on the internet (which they are), the geographic limitation argument collapses entirely. There's no "local-only" digital commerce.

Step-by-Step: How to Evaluate Your Situation Before Launch

Step 1: Run a full USPTO trademark search

Go to the USPTO's TESS database (or use an AI-powered trademark tool) and search for the core word in your proposed name — without the city. You want to know if the base term is already registered in your industry class.

Don't just search your exact phrase. Search variations, phonetic equivalents, and related words.

Step 2: Check for common law trademark rights

This is the step most founders skip. In the US, trademark rights come from use in commerce — not just registration. A business that has been operating under a name for years, even without a USPTO registration, may have enforceable common law rights.

Search Google, social media, domain registrars, and industry directories for businesses using similar names. Prior use can trump a later registration attempt — and can expose you to infringement claims even if nothing shows up on USPTO.

Step 3: Assess whether your city addition is genuinely distinctive

Ask yourself: does the city name make this mark distinctly different from the existing one — or does it just describe where you operate?

"London Fog" became a strong trademark because consumers came to associate it with a brand, not with the city. That took years of marketing investment. "London Coat Company," launched today, would face significant hurdles — and zero protection from confusingly similar brands.

If the city is the main thing distinguishing your mark from an existing registered trademark, that's a thin differentiator.

Step 4: Understand what you can and can't protect

Even if you move forward with a city-modified name, understand the realistic protection ceiling:

• Principal Register registration is the gold standard — broadest legal protection
• Supplemental Register is available for geographically descriptive marks that aren't yet distinctive enough for the Principal Register — it provides some notice value but weaker enforcement rights
• No registration means you rely entirely on common law rights from actual commercial use, and your protection is limited to the geographic area where you've demonstrably operated

Step 5: Clear the rights before spending money

Before investing in branding, a website, or any marketing, confirm that your proposed name — with and without the city modifier — doesn't conflict with existing registered marks. This is called trademark clearance, and skipping it is one of the most expensive mistakes early-stage founders make.

When Adding a City Name Can Work in Your Favor

There are scenarios where geographic marks succeed:

• Your goods or services don't originate from that city. A mark like "Brooklyn Brewing Co." made in Ohio may actually have a better shot at distinctiveness because consumers don't literally believe it's brewed in Brooklyn. (This is called geographic misdescriptiveness, and it follows its own rules.)
• Your city name is obscure or not generally known. A trademark featuring a small or lesser-known place name may register more easily because the average consumer won't read it as geographic description.
• You build secondary meaning over time. If consumers come to associate your city-modified name with your company specifically — through substantial use and marketing — the mark can acquire distinctiveness over time. This is a long game.

What to Avoid

• Don't assume LLC registration = trademark protection. These are separate legal systems. Your state filing doesn't give you any federal trademark rights.
• Don't assume the USPTO search is the complete picture. Unregistered common law marks can create just as much legal risk as registered ones.
• Don't launch under a name that conflicts and plan to "deal with it later." The longer you operate under an infringing name, the more costly the forced rebrand becomes.
• Don't use a city name as your primary differentiator from an existing registered mark. It rarely holds up under likelihood-of-confusion analysis.
• Don't rely on operating in a different physical city as protection for online businesses. Federal trademark rights apply nationally, and online commerce removes geographic safe harbors.

Frequently Asked Questions

Can two businesses have the same name if they're in different cities?

For state LLC registration purposes, possibly yes. For federal trademark purposes, no — a registered federal trademark is nationwide, regardless of where the trademark holder physically operates.

Does adding a city name make a trademark application more likely to be approved?

Not necessarily. It may actually work against you if the USPTO determines the mark is "primarily geographically descriptive." The addition of a city name needs to function as a source identifier, not just a geographic label.

What if no one has trademarked the name I want to use with my city added?

You may be able to use and register it — but you still need to clear common law rights, and you need to ensure your mark functions as a true brand identifier rather than a geographic description. Filing on the Supplemental Register is an option if you can't immediately qualify for the Principal Register.

Can I lose my business name if I ignored this and already launched?

Yes. If the holder of a conflicting registered mark sends a cease-and-desist, you may be required to rebrand. In some cases, you may be liable for damages. The earlier you identify and resolve naming conflicts, the less costly the outcome.

Next Steps

Before committing to any brand name that includes a city modifier:

1. Search the USPTO TESS database for the core term across relevant trademark classes
2. Run a broader common law search across Google, social platforms, and business directories
3. Determine whether your city addition genuinely creates a distinctive mark — or just describes your location
4. Understand your registration options: Principal Register, Supplemental Register, or common law use
5. Consider running a professional trademark clearance search before investing in branding or filing

Naming decisions made early save the most money. The goal isn't just to avoid a rejection from USPTO — it's to build a brand name you can actually own, enforce, and grow.