Not all brand names are created equal. Successful brand name protection begins with choosing a “good” brand name.
The best brand names are those that are words that were unknown prior to their use with the goods or services. These are known as “coined marks.” Examples of well-known coined marks are Xerox and Kodak. Coined marks are the easiest to protect.
The next best brand names are known as “arbitrary marks.” Arbitrary marks are real words that have no connection to the product or service it is identifying (e.g. Apple computers, Shell petroleum products, and Amazon online bookstore).
Next in line are “suggestive marks,” which are real words that suggest certain features or qualities about the product or service (e.g. Coffemate creamer).
A descriptive mark (i.e. one that very obviously describes the product) is the least desirable and, unfortunately for many businesses, one of the more popular kinds chosen. Descriptive marks often prove difficult to register. Even when they are successfully registered, they offer the least amount of protection. Generic terms, which are terms that refer to the class of product (such as “cola” or “software”) rather than a particular brand, cannot be granted federal registration.
It is also important to remember that a company’s business name is not a trademark unless is it also used to identify products or services. If a name merely identifies the company, it is not a trademark and cannot be registered with the federal trademark office. Choosing a good brand name is the first step in protecting your business against competitors using confusingly similar brand names.
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So excited….. I remembered all that from my intellectual property class! Whoo hooo for me!