Not all trademark names are created equal.
In trademark law, brand names fall along a spectrum of distinctiveness. The stronger the trademark, the easier it is to protect and enforce. The weaker the trademark, the more difficult it may be to register, defend, and build into a lasting brand.
Understanding where a potential brand name falls on this spectrum can help business owners make smarter branding decisions before investing time and money into marketing.
1. Coined Trademarks: The Strongest Names
At the strongest end of the spectrum are coined trademarks. These are completely invented words that had no meaning before they were adopted as brand names.
Examples include:
- Kodak®
- Xerox®
- Exxon®
Because coined marks are unique, they are often entitled to the broadest trademark protection. They immediately identify a single source rather than describing a product or service. The downside? Businesses typically need to spend more time and resources teaching consumers what the brand means.
2. Arbitrary Trademarks: Real Words, Unrelated Meaning
The next category is arbitrary trademarks. These are common dictionary words used in a way that has nothing to do with their ordinary meaning.
Examples include:
- Apple® for computers
- Amazon® for online retail services
The word already exists, but it has no logical connection to the products or services being offered. Because of that disconnect, arbitrary marks are also considered very strong trademarks and are generally easier to protect.
3. Suggestive Trademarks: The Sweet Spot
Suggestive trademarks are often the most effective balance between marketing and legal protection. A suggestive mark gives consumers a clue about the product or service without directly describing it.
Examples include:
- Netflix®
- Pinterest®
- Greyhound® for transportation services
A suggestive trademark requires a small mental leap. It hints at a benefit, feature, or characteristic, but it does not directly tell consumers what the product is.
This is why suggestive marks are often my favorite type of trademark, they:
- Communicate something about the brand
- Are easier to market than coined words
- Remain distinctive enough to receive strong trademark protection
- Help consumers remember the brand
For many businesses, a suggestive name strikes the ideal balance between creativity and legal strength.
4. Descriptive Trademarks: Weaker Protection
As we move down the spectrum, we reach descriptive trademarks. A descriptive mark immediately tells consumers something about the product, service, feature, quality, or purpose.
Examples include:
- American Airlines
- The Italian Store
- Best Plumbing Service
- Fast Tax Solutions
These names may be effective at explaining what a business does, but they often face significant trademark challenges.
Why? Because competitors frequently need to use the same words to describe their own products and services.
As a result, descriptive trademarks generally receive narrower legal protection and can be more difficult to register with the USPTO.
5. Generic Terms: No Trademark Protection
At the weakest end of the spectrum are generic terms.
Generic terms are simply the common names of products or services.
Examples include:
- The Lighting Store for a lighting store
- Computer Store for a computer retailer
- Pizza Pie for a pizza restaurant
Generic terms cannot function as trademarks because they do not identify a single source. Instead, they identify an entire category of goods or services.
As a result, generic terms receive no trademark protection. Zero. No registration. No exclusive rights. No ability to stop competitors from using the same generic wording.
Why Trademark Strength Matters
The strength of a trademark affects:
- Registrability at the USPTO
- Scope of legal protection
- Ability to stop competitors from using similar names
- Brand distinctiveness
- Long-term brand value
Choosing a stronger trademark at the beginning can save significant time, expense, and frustration later.
The Best Trademark Names Tell a Story Without Being Descriptive
The strongest brands are not always the ones that describe exactly what they do. Often, the best trademarks give consumers a hint.
A suggestive trademark can communicate something meaningful about a product or service while remaining distinctive enough to qualify for strong legal protection.
That’s why, when helping businesses develop and protect their brands, I often encourage them to think beyond descriptive names and look for creative, suggestive alternatives. A distinctive trademark is more than a name. It’s a business asset that can grow in value for years to come.
