NAMES AND CLASSES
Why some names are easier to protect than others
Names sit on a range, from everyday words that describe a product to made-up words, and invented names are typically the easiest to protect.
At one end are generic names: the common word for the product itself, like calling a coffee shop "Coffee". They typically can't be protected as a trademark.
Descriptive names say what the product is or does, like "Fresh Hot Coffee". They're often harder to protect, at least until customers come to know them as a brand.
Suggestive names hint at the product without saying it, like "Sunnymug" for coffee. Arbitrary names are real words with no link to the product, like "Walrus" for accounting software. Invented names are made-up words, like "Quorvel" for shoes. These three are typically the easiest to protect.
The examples here are made up for illustration. Where a real name sits is a judgment call, and an attorney can say where a name sits and what that means.
Why this matters to your business
A name that's easier to protect is usually easier to defend later. A descriptive name can be easy to market but harder to protect. Knowing the range helps when comparing name ideas, ideally before anything is printed.
What an attorney will want to know
- Every name you're considering, including other spellings
- What each name is meant to suggest to customers
- What you sell under it, now and later
Ask your attorney
Where does my name sit on this range?
Would a descriptive name be worth the extra effort for my business?
General information, not legal advice. An attorney confirms how this applies to you.