At Strong IP, we didn’t choose our name by accident. We live and breathe strong trademarks because we’ve seen firsthand how the right (or wrong) business name can make or break a brand’s future. Think of a trademark like the foundation of a house – you can always repaint the walls or change the furniture, but a weak foundation? That’s a problem no amount of renovation can fix.
The Rookie Mistake Everyone Makes
Picture this: You’re starting a coffee shop. Your first instinct? “Best Coffee Shop” or “Premium Coffee Co.” Seems logical, right? You’re telling customers exactly what you do!
Here’s the plot twist – that straightforward approach is exactly what can sink your trademark application. The US Patent and Trademark Office (USPTO) isn’t trying to be difficult; they’re actually protecting fair competition. If they let you trademark “Best Coffee Shop,” how would other coffee shops describe themselves?
Golden Rule: if you can immediately tell what the business does from its name alone, it probably won't work as a trademark.
The Trademark Strength Scale: From Zero to 🌶️
Think of trademark strength like a spiciness scale at a Thai restaurant. Let’s break it down from mild to “call the fire department”:
🌶️ Generic (Avoid These Like Bad Coffee)
– What they are: Literally just what the thing is
– Examples: “Smartphones” for phones, “Clothing Store” for, well, you get it
– Protection level: Absolutely none. Don’t even try.
🌶️🌶️ Descriptive (Still Not Great)
– What they are: Directly describes what you do/sell
– Examples: “Speedy Delivery” for a courier service
– Protection level: Like trying to guard your lunch with a “please don’t eat” sticky note
🌶️🌶️🌶️ Suggestive (Now We’re Talking)
– What they are: Hints at what you do, but makes people think
– Examples: “Netflix” (suggests internet + movies)
– Protection level: Now you’re protected!
🌶️🌶️🌶️🌶️ Arbitrary (Strong Stuff)
– What they are: Real words used in totally unrelated ways
– Examples: Apple (for computers), Shell (for gas)
– Protection level: Very strong, like a bank vault
🌶️🌶️🌶️🌶️🌶️ Fanciful (The Nuclear Option)
– What they are: Completely made-up words
– Examples: Kodak, Xerox, Google
– Protection level: Fort Knox level
The Secret to Picking a Winner
Here’s your golden rule: If you can immediately tell what the business does from its name alone, it’s probably not going to work as a trademark. The best names make people think “huh?” before they think “aha!” Some tricks of the trade:
– Smash words together in new ways (Pinterest = Pin + Interest)
– Make up words that sound cool (Spotify)
– Use regular words in unexpected ways (Amazon)
– Get inspired by mythology or history (Nike)
Plot Twist
Here’s the interesting part – while strong trademarks might seem less practical at first, they often become more valuable over time. Think about it: Nike had to work to connect their name to sports, but now that connection is worth billions. Meanwhile, “Sports Equipment Store” would still just be… describing a store that sells sports equipment.
The Bottom Line
Your business name is like a first impression at a job interview – you want it to be memorable for the right reasons. While descriptive names might seem like the safe choice, they’re actually playing it dangerous in trademark terms. Don’t worry about being too obvious. Focus on being distinctive. After all, nobody knew what a “Google” was until Google made it mean something. Your weird, wonderful, totally-made-up name could be next.
Remember: The best trademark is one that stands out, not one that blends in. Now go forth and name something ridiculous – your lawyer will thank you!