What makes a good name?
When considering a name for trademark registration, it is important to note that not all names are approved by the Trademark Office. The Trademark Office categorizes names based on their distinctiveness, ranging from: “generic,” “descriptive,” “suggestive,” “arbitrary” to “fanciful.” The chances of approval by the Trademark Office increase as the name becomes less generic and more fanciful.
Generic marks are the same words commonly used by the public to refer to a product or service and will never receive trademark protection. Descriptive marks are words that merely describe a feature of characteristic of the product or service are also unlikely to be registered unless they have gained “secondary meaning” through use, promotion, and association with a specific company. Suggestive marks hint at the quality or characteristics of the goods/services associated with the mark and have a better chance of approval. Arbitrary marks use existing words in unrelated ways, while fanciful marks are made-up or rarely used words with no descriptive meaning.
The Trademark Office may also reject names if they are too similar to existing registered marks, if they are surnames, or if they are geographically descriptive of the business location.