It should be apparent that you can’t register the names of goods and services you provide as a trademark. For example, if you sell apples you will not be able to register the name “Apple” as a trademark for your business. On the other hand, if you sell computers, the name “Apple” might be easy to register (that is, if you’re the first user!) as a trademark, and can be amazingly effective.
In order of increasing legal strength, there are four classes of trade name expressions:
- Generic
- Descriptive
- Suggestive
- Arbitrary
Generic expressions or names have no any legal protection and they never can be registered at the USPTO. They are dictionary definitions of the goods and services you provide and you have no right to monopolize common language. If, like the example above about apples, the common name for your goods and services is the same as the name you’d like to trademark ; it won’t work.
Descriptive trademarks are also hard to register. Such marks describe a common characteristic or function of the product or service and they don’t distinguish your business from other similar ones. Example are “micro” for small items or using “e” as a prefix for electronically delivered goods or services, like “eproducts.”
Descriptive trademarks that are not generic can obtain legal strength and distinctiveness through continuous commercial use, marketing and advertising. You can even try to register such marks after 5 years of commercial use because the name takes on a “secondary meaning.” Descriptive marks are sometimes eligible for the “secondary register,” a lesser level of trademark protection hat can be upgraded after five years to a full-fledged mark on the principal register.
Suggestive trademarks are those which hint at some characteristics of the product, but do not actually describe the goods or services. Since they are not descriptive, they may have enough distinctiveness to be registered and to stop competitors from using similar names. One of the best suggestive trademarks is “L’Eggs®” brand pantyhose. Those familiar with the product will see that it is a double suggestive mark. Firstly, “L’Eggs®” are designed to be worn on the “legs,” and they are sold packaged in small plastic “eggs.” The customer makes an automatic association to the goods, but the name does not actually describe any aspect of the goods.
Arbitrary or fanciful trademarks have the greatest legal strength and offer a strong protection against imitators. It can be a symbol (like the Nike® “swoosh”) or a totally new word, such as a neologism (like “Instagram”). The main problem is that arbitrary marks, having no inherent meaning, are the hardest for people to remember, and the hardest to establish as a known force in the marketplace. Once that is done, however, they are unlikely to be confused with anything else, and can be very powerful
Always be careful in choosing your business name. Don’t make fast decision and analyze legal and marketing aspects of a potential brand. A good name can save money you will spend for excessive advertisement and litigation with imitators. Never forget trademark considerations in choosing a business name.