Trademark Law and Naming Strategy: Why Distinctive Names Matter
Description
The spectrum of distinctiveness explains why some brand names are stronger than others in trademark protection and branding. Generic terms like “milk” or “bread” can never be protected, while descriptive names such as “Quick Print” are weak unless they gain recognition. Suggestive names like Coppertone or Netflix are inherently distinctive, balancing creativity and clarity. Arbitrary marks like Apple for computers are highly protectable but need marketing to link them to the product. At the top are fanciful names like Kodak or Verizon—completely invented, legally strongest, and iconic with investment. The takeaway: the more distinctive the name, the stronger the protection and brand.
Disclaimer: We are not attorneys and do not provide legal advice. We always recommend consulting an IP attorney.
United States
