It Pays to Be Different: The Strength of Distinctive Trademarks
Have you ever noticed how some of the biggest brands use names that seem unrelated to their products? Apple doesn’t sell fruit, Amazon has nothing to do with rainforests, and what even is a “Google”? This is no coincidence—it’s a deliberate strategy tied to the strength of trademark categories.
Choosing a distinctive trademark doesn’t just make your brand memorable—it also strengthens your legal protections. Here’s a breakdown of the five main categories of trademarks, ranked from strongest to weakest.
1. Fanciful Trademarks
Fanciful trademarks are made-up words or phrases with no preexisting meaning in any language. These are the strongest type of trademarks, offering the highest level of protection and eligibility for the USPTO’s Principal Register.
Examples: EXXON, KODAK, GOOGLE
Since fanciful marks are entirely invented, unauthorized use is usually intentional, making it easier to take legal action against infringers—and even seek punitive damages for bad-faith copying.
2. Arbitrary Trademarks
Arbitrary trademarks use real words, but these words have no logical connection to the goods or services they represent.
Examples: APPLE (computers), AMAZON (online retail)
Arbitrary trademarks are nearly as strong as fanciful ones. They are eligible for full Principal Register protection and provide robust legal rights. Since these marks don’t describe the product or service, any unauthorized use by competitors is often seen as deliberate infringement.
3. Suggestive Trademarks
Suggestive trademarks hint at the nature or quality of the goods or services but require some imagination to connect the name to the product.
Example: COPPERTONE (sunblock)
Suggestive marks are eligible for Principal Register protection, but they occupy a gray area between suggestive and merely descriptive marks. This can make them more vulnerable to legal challenges. For instance, a competitor might argue that COPPERTONE is descriptive because it refers to the tanning effect of the product. If the USPTO agrees, the trademark’s protection could be downgraded.
4. Merely Descriptive Trademarks
Merely descriptive marks directly describe an ingredient, feature, or use of the product without adding any unique or creative elements.
Examples: COASTER-CARDS (coasters that double as postcards), APPLE PIE (apple pie-scented potpourri)
Descriptive trademarks are generally ineligible for Principal Register protection unless the owner can prove “acquired distinctiveness.” This means the mark has become widely recognized as identifying a specific brand over time. Until then, these marks are relegated to the Supplemental Register, offering limited rights.
5. Generic Terms
Generic terms are the common names for goods or services. They can never be trademarked, no matter how long or extensively they’ve been used.
Examples: PHONE (for telephones), CARS.COM (for car listings)
Even previously strong trademarks can become generic if they become synonymous with the product itself (e.g., ESCALATOR, ASPIRIN). To prevent this, rights holders must actively protect their trademark’s distinctiveness.
Why Distinctiveness Matters
The USPTO prioritizes trademarks that stand out. Strong, distinctive trademarks—like fanciful or arbitrary marks—not only make your brand more memorable but also provide better legal protection. Generic and overly descriptive terms, on the other hand, leave your brand vulnerable to infringement and legal disputes.
By choosing a distinctive trademark, you position your business for stronger brand recognition and legal rights.
Need Help Choosing a Trademark?
At Leonov Trademark Law, we specialize in guiding businesses through the trademark selection and registration process. Whether you’re just starting out or need to strengthen an existing trademark, we’re here to help.
Contact us today to ensure your brand stands out—and stays protected.