TRADEMARK STRENGTH

In order of strength, from weakest to strongest, here are the main categories of trademarks:

Trademark Category Brand Name Examples
Generic names (very weak) Aspirin, Eye Clinic, Tax Services
Descriptive names (weak) Fast Signs, American Airlines, U.S. Bank
Suggestive names (strong) Staples, Curves, Nike
Arbitrary names (stronger) Caribou, Apple, Target
Coined names (strongest) Kodak, Xerox, Oreo

Simply, the more a brand name implies the product or service it actually represents, the weaker it is from a trademark perspective. Relative weakness implies the following concerns: the mark is more expensive to search, acquire, own and protect; and the mark is more likely to have conflicting (similar and therefore potentially confusing) marks within the same classes of goods and services, which can make it difficult (or even impossible) to get it on the federal register of trademarks. Also, you’re at risk for receiving a cease-and-desist order if someone can prove first-use rights over your brand name.

Trademarks can live forever if managed properly, unlike patents and copyrights. It’s curious then, why such a significant asset isn’t taken more seriously throughout the critical naming process. Brand creation is a complex endeavor that requires a two-way balancing pact between lawyers and marketers. With the proper legal and branding guidance, you can create enduring brands that are both legally protectable and creatively aligned for a higher return on investment.

For the record, I’m not an attorney. I don’t even play one on YouTube. So this article is written from a brand strategy perspective, not a legal point of view. It’s always advisable to consult a lawyer specializing in intellectual property when you decide to venture into the naming process. I know some fabulous ones who specialize in IP.

Brand Naming

Vyway services include:
  • Brand naming & identity
  • Trademark searches

Ask us for guidance
choosing your brand name.
We’re eager to help.

LET’S TALK

Ask us for guidance
choosing your brand name.
We’re eager to help.

LET’S TALK

TESTIMONIALS
Anne Berg and her Vyway team efficiently and effectively managed our entire rebranding process from brand naming, strategy and identity to a complete integrated marketing communications launch. Anne was able to quarterback what seemed like an endless list of projects in a timely fashion without sacrificing the high degree of quality we expected. The custom team she brought together for us was exceptional and we continue to rely on them as we grow our new brand, Versique Search & Consulting.

Tony Sorensen

CEO, Versique Search & Consulting

As president of Novii Media, a PDA software development company, it is with great pleasure that I give Anne my highest recommendation. From brand creation (naming) to creative concept work, from market strategy to communications materials, she has provided consistent and outstanding support to Novii. Anne Berg even created the name for our company, guiding us through the critical intellectual property considerations along the way. The results of our investment in her firm have exceeded our expectations. Look no further! Anne and her team are up to the challenge.

Geoff Evans

President, Novii Media