09/03/2026
๐ก DID YOU KNOW?๐ก
Not every brand name can be trademarked. Some are almost impossible to protect. Some are protected the day you start using them. The difference is where your name lands on the trademark distinctiveness spectrum. ๐ก๏ธ
The story: A federal court in New York laid out five categories that every business owner's brand name falls into. The case is Abercrombie & Fitch Co. v. Hunting World, and it is still the framework courts use today. โ๏ธ
๐ GENERIC names (Apple for actual apples, Beer for beer) cannot be trademarked at all. They just describe the good or service.
๐ DESCRIPTIVE names (Best Coffee, Fast Delivery) only become protectable after they acquire "secondary meaning." Meaning the public associates the name with one specific business. This can take years and a lot of marketing dollars.
๐ SUGGESTIVE names (Netflix, Coppertone) hint at the product but require a mental leap. Protected the day you use them.
๐ ARBITRARY names (Apple for computers, Camel for ci******es) use a real word in a way unrelated to the product. Strong protection.
๐ FANCIFUL names (Kodak, Xerox, Verizon) are made-up words with no other meaning. The strongest trademark protection available.
๐ก๏ธ The takeaway for business owners: the more distinctive your brand name, the stronger and faster your trademark protection. If you're still choosing a name, this is one of the most important decisions you can make about your brand. โ๏ธ
Perkins Law - Brand Protection
Boca Raton, FL | 561-467-4001
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