What Are the 5 Different Kinds of Trademarks?

Moving up the spectrum, we encounter descriptive trademarks. These names directly describe the product or service offered, providing consumers with clear information about what to expect. "American Airlines" is a straightforward example, as is "International Business Machines (IBM)."

While descriptive marks are informative, they face challenges when it comes to trademark protection. Since they merely describe the goods or services, they are considered weak in terms of distinctiveness and may be difficult to enforce against competitors.

Here's another example. Suppose there is a business called “Blue Cars Dealership” that only sells blue cars. This name falls on the spectrum of merely descriptive since it only gives a mere description of what you sell. Therefore, it cannot be registered as a trademark because it does not explain the source of the good or service.

Ever heard of SHARP TVs? While it might sound like a random name, it actually started with mechanical pencils. When the company moved into making TVs, they used 'sharp' to describe the clear, high-quality images their sets produced. This made the name more about what the product did than just a random word. However, through its association with high-quality products and consumer recognition, SHARP acquired trademark protection by establishing secondary meaning. This showcases how even seemingly descriptive terms can evolve into protectable trademarks with the right branding strategy.

In the trademark process, there are opportunities to debate and present your case. However, when a business or product that you want to register as a trademark is a generic word or merely descriptive of what you do or sell, it will be refused because it is not sufficiently distinct enough to let consumers know where it comes from.

It is important to talk to a professional attorney to advise you as to whether or not your trademark is generic or merely descriptive. It is very common that  when business owners want to register a name, they are looking to describe what they do. For that reason, this is a common trap that you could face a refusal because your trademark is too generic or descriptive. 

Now, let's talk about suggestive trademarks—the Goldilocks zone of the trademark spectrum.

Suggestive names hint at the nature of the product or service without being overly descriptive. Instead, they evoke imagery, emotions, or concepts that resonate with consumers.

Consider "Netflix" for streaming entertainment or "Jaguar" for luxury automobiles. These names strike a perfect balance, capturing attention and intrigue while still leaving room for interpretation. For Netflix, the streaming service used two common names to suggest to customers what they do, “flicks” like movies and “net” to identify that they are online. Similarly, a car company called Jaguar immediately conveys a sense of speed, high end, and luxury

Suggestive trademarks are highly desirable for businesses because they offer a compelling combination of distinctiveness and memorability.

They provide enough connection to the product or service to be relevant, yet they are sufficiently abstract to warrant strong trademark protection.

Another great example is Coppertone, a brand of suntan lotions and sunscreens that someone wouldn’t necessarily think of as being related to the industry. But when they think of going to the beach or sunbathing, you can end up with a “copper tone.” Therefore, the trademark is suggestive. 

Venturing further up the spectrum, we encounter arbitrary trademarks. These are common words or phrases used in an unexpected context, divorced from their ordinary meaning.

"Apple" for computers and "Amazon" for an online marketplace are prime examples of arbitrary trademarks.

By appropriating familiar words in novel ways, companies create memorable and distinctive brand identities. Arbitrary trademarks are inherently strong from a legal perspective because they are unlikely to be confused with other brands in unrelated industries.

It is not uncommon for very large businesses to be arbitrary trademarks.

It’s important to note that many brands with arbitrary trademarks have to spend a lot of time and money building up brand awareness because the trademark is so non-descriptive as to what the business is about.

For this reason, many startups and small businesses favor suggestive trademarks over arbitrary trademarks, as suggestive trademarks tend to be easier for consumers to remember. 

At the pinnacle of distinctiveness are fanciful trademarks. These are entirely invented words with no existing meaning, such as "Xerox" for copiers or "Kodak" for cameras.

Fanciful trademarks offer the highest level of trademark protection because they are unique to the brand and inherently distinctive.

Fanciful marks, though offering strong legal protection, can pose significant challenges for smaller business owners.

These unique, invented words lack the immediate association with the product or service offered, making them less memorable for consumers.

Additionally, their unconventional spelling and pronunciation can lead to confusion and difficulties in online searches.

Establishing brand awareness and recognition becomes more demanding, often requiring additional marketing efforts and consumer education to convey the meaning and significance behind the fanciful name.

Furthermore, securing trademark registration for fanciful marks may involve closer scrutiny and longer processing times, adding to the financial burden for small businesses.

Be careful with fanciful trademarks.

While fanciful marks offer distinctiveness, small business owners should carefully consider these challenges and their branding objectives before adopting such a name for their venture.

 Finding Your Goldilocks "Just Right" Name

As you embark on the journey of naming your business, consider where your potential trademarks fall on the spectrum of distinctiveness. While generic and descriptive names may seem intuitive, they often lack the legal strength and memorability needed to stand out in a crowded marketplace. Instead, aim for that "just right" balance exemplified by suggestive, arbitrary, or fanciful trademarks. These names not only capture the essence of your brand but also provide strong legal protection against competitors.

Ready to navigate the trademark spectrum and find the perfect fit for your business? Let Indie Law be your guide. Our team of trademark experts can help you select, register, and protect your brand name, ensuring that your business stands out in today's competitive landscape. Contact us today to learn more about our trademark services and take the first step towards building a strong and memorable brand identity.