Filing services take your money and submit the form. The refusal arrives months later, and the fee is gone. This is the check that goes first: what the USPTO would object to, how bad it is, and what to change. Ten minutes, start to finish.
Distinctiveness is judged against the goods, which is why the description matters: the same word can be arbitrary for software and descriptive for a bakery.
One number out of 100, combining how distinctive the mark is with how crowded its neighbourhood is. The bands are deliberately worded as signals, not predictions:
| Score | Band | What it means in practice |
|---|---|---|
| 75–100 | Strong | Highly distinctive. Nothing close surfaced in the index. |
| 55–74 | Moderate | Workable. Expect a disclaimer or a minor office action. |
| 35–54 | Risky | Meaningful refusal risk. Strengthen it before spending the fee. |
| 0–34 | Likely refused | Rework the mark. |
Below the score, each risk factor names the ground it maps to — descriptiveness under §2(e)(1), surname refusal under §2(e)(4), likelihood of confusion under §2(d) — and tells you the fix. Every rule is a published refusal ground, not a black box; the full breakdown is on the methodology page.
The §2(d) scan compares your mark against USPTO records, looking for prior marks that look or sound close in a related class. Each match shows a similarity figure, a risk level and the serial number, so you can pull the file at the source.
When a mark scores below 55, MCInvent proposes stronger alternatives instead of just refusing it. Each suggestion is scored and conflict-checked the same way, so you're comparing like for like.
Already have candidates? Compare & rank takes up to eight names, one per line, scores each with conflict pressure folded in, and ranks them. It's the fastest way to settle a naming argument with evidence rather than taste.
The filing-prep report is the handoff document. It collects, in one printable page: the score and band, what's strong, every risk factor with its fix, the §2(d) matches, recommended class and goods wording, the application details to prepare, and the specific questions worth putting to an attorney given what your analysis found.
Take it to a trademark attorney, or use it to file with your eyes open. MCInvent deliberately does not file for you — that keeps it out of unauthorised practice of law, and keeps it far cheaper than full-service filing.
Clearance is a moment; protection is ongoing. Watch a mark and it's re-scanned daily against new filings — if look-alikes appear in your class, you get an email rather than discovering the problem at renewal. Your checks are also saved to your history, so you can re-run any of them later and see what moved.
60 is Moderate — workable, but expect a disclaimer or a minor office action. It means nothing in the mark is fatally descriptive and no close conflict dominates. It is not a prediction that the USPTO will register it.
Distinctiveness is judged against the goods. A word can be arbitrary for one product and merely descriptive for another, so changing what you sell can move the mark between bands. That's the analysis working, not noise.
Pick the class covering your primary commercial activity, then check the second separately — conflicts are class-sensitive, so a mark can be clear in one and crowded in another. Filing in multiple classes costs a separate USPTO fee per class, which is a question for your attorney.
Up to eight, one per line. Each is scored with conflict pressure folded in and ranked, so a shortlist resolves in one pass.
Watched marks are re-scanned daily. If new look-alikes appear in your class you get an email, and the new count shows against the mark when you sign in.
A strong score means the mark is distinctive and nothing close surfaced in the index we search. It is not a full clearance. MCInvent prepares; a licensed trademark attorney advises and files.
It happens — examination involves judgement we can't see in advance. The report's risk factors are written to be the argument you'd need: each one names the ground and the counter. That's the difference between a refusal you can respond to and one that blindsides you.
← Check a name now · How the score works · Terms
MCInvent · Millennials Creatives LLC. An analysis and preparation tool, not legal advice, and not a law firm.