One of the most expensive misconceptions in branding is the idea that you must own a word entirely. Founders often panic when they search for their dream name and find a match, instantly scrapping the idea.

But trademark law is not about owning words; it is about preventing confusion.

You can legally name your software company "Apex" even if there is an "Apex" trucking company and an "Apex" roofing supply store. This is possible because of the International Classification System.

1. The 45 Legal "Lanes"

The USPTO divides all commerce into 45 specific classes (based on the Nice Classification system).

• Classes 1-34: Cover physical goods (e.g., Class 25 for Clothing, Class 32 for Beer).
• Classes 35-45: Cover services (e.g., Class 36 for Finance, Class 42 for Software).

When you file a trademark, you don't file it for "everything." You file it specifically in Class 9 (Electronics) or Class 41 (Education). This is your legal "lane." As long as you stay in your lane, you typically won't crash into someone driving in another.

2. The "Delta" Principle

The classic example of this principle in action is Delta.

Because no reasonable person would buy an airline ticket thinking they were buying a kitchen faucet, these two massive brands can co-exist peacefully with the exact same name.

3. Why "Staying in Your Lane" Saves You Money

Trademarks are priced per class. The standard USPTO fee is roughly $350 per class.

If you try to "own the world" and register in 10 different classes "just to be safe," you are looking at $3,500 in government fees alone, plus exponential legal costs to defend those marks.

The Strategy: Identify your core revenue stream. If you sell coffee beans, register in Class 30. Don't worry about Class 25 (T-Shirts) yet unless you plan to become a fashion brand immediately. Focus your budget on the lane where you actually make money.

4. VisiName: Precision Intelligence

This concept is why VisiName asks for your "Industry" or "Product Type" at the start of a search.

A basic "Ctrl+F" search might tell you the name "Summit" is taken. But VisiName’s AI analysis looks deeper:

By filtering for Class relevance, we turn "Red Lights" into "Green Lights," revealing opportunities that simpler tools would have told you to abandon.