A brand name/trademark must distinguish the owner's goods or services from those of its competitors. In this sense the trademark should be unique so that it is clear to consumers that all goods bearing the mark or services provided in association with it come from or are sponsored by the trademark owner. This will not occur if the mark name selected is confusingly similar with a trademark or tradename already in use by another.

A mark may also be presented in connection with a design component or logo. The design may become a symbol which represents the goods or services of its owner. Many people remember and respond to symbols more consistently than to words. The arch shaped design used by McDonald's Corporation is a good example of the effectiveness of a symbol as part of a brand and as a trademark.