Not All Names Are Equal Under the Law
The Distinctiveness dimension of the Locrian Score measures where your brand name falls on the legal spectrum of protectability. Established by the landmark *Abercrombie & Fitch Co. v. Hunting World* case, this spectrum is the framework trademark law uses to determine how much protection a name deserves.
A strong score here means your name is inherently defensible. A weak score means you're building on a shaky foundation.
The Spectrum, Explained
Generic — Unprotectable
The common name for the product or service itself. "Podcast" for a podcast. "Guitar Lessons" for guitar instruction. You cannot trademark a generic term, period.
Descriptive — Difficult to Protect
Directly describes a quality or feature. "Quick Print" for a printing service. "Smooth Skin" for lotion. These names only become protectable after years of use and significant investment in building "secondary meaning" — where consumers associate the word specifically with your brand.
Suggestive — Protectable
Suggests a quality without directly stating it. "Netflix" suggests internet movies. "Spotify" hints at spotting music. "Instagram" evokes instant camera and telegram. The consumer has to make a mental connection. These are protectable from day one and represent the sweet spot for many brands.
Arbitrary — Strong
A real word used in an unrelated context. "Apple" for computers. "Amazon" for e-commerce. "Shell" for gasoline. The word exists, so it's easy to remember — but its connection to the product is unexpected, making it highly distinctive.
Fanciful — Strongest
An invented word with no prior meaning. "Google." "Kodak." "Xerox." "Locrian." Maximum legal protection because no one can claim they were using it first — the word didn't exist before you created it.
Why This Matters Beyond Legal Theory
Distinctiveness isn't just a legal concept. It has direct business implications:
Stronger names are cheaper to protect. A fanciful name faces fewer conflicts and less opposition. A descriptive name requires years of evidence to prove secondary meaning.
Stronger names are easier to find online. Search "Apple" and you get the tech company. Search "Best Electronics" and you get a sea of generic results. Distinctiveness directly impacts your Digital Presence score.
Stronger names command higher valuations. In brand acquisitions and licensing deals, the name itself carries value. A fanciful name is a unique asset. A descriptive name is interchangeable.
Stronger names are more memorable. Consumers remember distinctive names because they stand out. "Kodak" sticks. "Quality Photo Services" doesn't.
How to Strengthen a Weak Name
Already committed to a descriptive name? You're not stuck, but you need a strategy:
- Build secondary meaning. Use your name consistently and prominently. Over time, consumers will associate it specifically with you.
- Add distinctive elements. A distinctive logo, tagline, or trade dress can supplement a weak name.
- Register on the Supplemental Register. Even a descriptive name can be registered on the Supplemental Register, providing some protection while you build secondary meaning.
- Consider a rebrand. If you're early enough in your journey, switching to a more distinctive name is the highest-ROI move you can make.
Curious where your brand name falls on the spectrum? Get your Locrian Score — the Distinctiveness sub-score tells you exactly how protectable your name is. You can also explore how top brands score to see what strong distinctiveness looks like.