Trademark Classifications
There are generally five categories of trademark classifications: generic, descriptive, suggestive, arbitrary and fanciful. Most trademarks fall within these categories once you break them down to their basics. When you consider the names and brands that surround almost every business—whether officially or traditionally—it’s easy to recognize the importance of choosing the right trademark for your business or product.
Wait: Just What is a Trademark?
People sometimes become confused as to what exactly makes a trademark. Similarly, there is quite a bit of confusion surrounding the difference between a trademark and a service mark. While there are a multitude of nuanced points and details that you will likely want to discuss with your trademark or patent attorney, here is a general explanation that will hopefully clarify some of the key issues.
A trademark is generally any symbol, device, word, combination of symbols and words or any of the above used by a business or individual person to identify their business or brand. A service mark is essentially the same, except that it relates to services. Each of these marks, trade or service, should be something unique to your product, as well as descriptive enough to stand on their own.
Which Category Type is Best?
Trademark and patent attorneys tend more toward the arbitrary or fanciful for trademark names, for the simple reason that they are easier to defend. Made up names that are not in the dictionary and not in everyday use are less likely to be duplications. Thus, fewer lawsuits or claims when the trademark you choose is a made up word like Google.
Marketing types, on the other hand, are more likely to recommend a descriptive trademark or service mark—one that lets consumers know exactly what it is you are offering. These, as well as arbitrary marks (existing words/concepts used in different ways—think “Apple” for computers, instead of fruit or orchards,) often make the most interesting and imaginative trademarks, but sometimes not the most secure ones.
Consider your product and your future plans carefully when deciding on a trademark. Remember, a trademark is essentially your brand, and it’s one that will need to carry your business both short and long term.
Contact your Patent Attorney to learn more.
