Trademark Thoughts with Tiffany™: Strong vs. Weak Marks

The most intuitive name for your business is often the hardest to protect. Trademark law sorts marks along a spectrum from generic to fanciful. Depending on where your name lands affects how easily you can register it, as well as how broadly you can enforce it.

Generic.

A generic mark is the common name of the product itself. It’s unlikely someone can own “Bread” for a bakery.

Descriptive.

Descriptive marks are names that directly describe a quality, feature, or purpose, such as “Quick Legal Forms.” These marks are often refused unless you can show that consumers have come to associate the name with your business over time.

Suggestive.

A suggestive mark is a name that hints at what you offer but require some imagination. An example is “Netflix”, which nods at films over the internet without spelling it out.

Arbitrary.

Arbitrary marks are often real words used in an unrelated way, such as “Apple” for electronics.

Fanciful.

A fanciful mark is an invented word, such as “Kodak” or “Xerox.” No prior meaning means that there is little competition for the name.

Why does this matters when naming my brand?

A descriptive name is easy for customers to understand, but it’s also easy for competitors to use in similar form, and harder for you to stop them. A more distinctive name may take more marketing to explain, but it gives you a stronger, more defensible asset.

Brainstorming names and want to chat?

Schedule a 30-minute chat with VirtuEdge Legal and we can talk about your favorite pick.

This is general education and is not intended to be legal advice. For guidance about your situation, consult with a licensed attorney.