Not All Names Are Created Equal
Some brand names are immediately memorable, legally powerful, and impossible to confuse with competitors. Others are forgettable, difficult to protect, and blend into a sea of similar-sounding alternatives.
The difference isn't luck or taste. There's a framework that trademark law has used for decades to evaluate name strength — originally established by the courts in the landmark *Abercrombie & Fitch* case — and understanding it will help you make better naming decisions.
The Distinctiveness Spectrum
Trademark law places every brand name on a spectrum from weakest to strongest:
1. Generic (Unprotectable)
The common word for the product itself. You simply cannot trademark a generic term for what you sell.
Examples: "Computer" for computers. "Podcast" for a podcast. "Guitar Lessons" for a guitar teaching service.
Verdict: Choose something else. Generic names can never be protected.
2. Descriptive (Very Difficult to Protect)
Directly describes a feature, quality, or characteristic of the product or service.
Examples: "Best Buy" (suggests good deals). "Sharp" for TVs. "Cold Stone" for ice cream.
Verdict: These can eventually become protectable if they acquire "secondary meaning" — meaning consumers associate the word specifically with your brand. But it takes years and significant investment. Not ideal for new brands.
3. Suggestive (Good)
Suggests a quality without directly describing it. Requires the consumer to make a mental leap.
Examples: "Netflix" (suggests internet movies). "Spotify" (suggests spotting music). "Instagram" (suggests instant camera/telegram).
Verdict: The sweet spot for many brands. Suggestive names hint at what you do without being obvious, and they're protectable from day one.
4. Arbitrary (Strong)
A real, existing word used in an unrelated context.
Examples: "Apple" for computers. "Amazon" for e-commerce. "Shell" for gasoline. "Delta" for airlines.
Verdict: Very strong legal protection. The word is easy to remember because it already exists in people's vocabulary, but its connection to the product is unexpected and distinctive.
5. Fanciful (Strongest)
An invented word with no prior meaning.
Examples: "Google." "Kodak." "Spotify." "Xerox." "Locrian."
Verdict: Maximum legal protection. No one can argue they were using it first because the word didn't exist before you created it. The tradeoff is you have to build all meaning from scratch — there's no existing association to leverage.
Practical Tips for Naming
Aim for suggestive or higher. If you're starting fresh, there's no reason to choose a descriptive name. You'll spend years trying to protect what a suggestive name would protect immediately.
Test the "conversation test." Say your name in conversation: "Have you heard of [brand name]?" If people ask "what's that?" — good, it's distinctive. If they say "oh, the thing that does X?" — it might be too descriptive.
Check availability early. The most brilliant name in the world is worthless if someone else owns it. Run a trademark check before you fall in love with a name. Learn more about what trademark availability really means.
Think about domain and handles. A distinctive name is easier to secure across platforms. If your name is "Best Marketing Tips," good luck getting that Instagram handle.
Consider longevity. "The COVID Podcast" was relevant for two years. Names tied to trends fade. Choose something that will still work in ten years.
Say it out loud. Your name will be spoken more than read. Make sure it sounds good, is easy to pronounce, and doesn't sound like something embarrassing in any major language.
Your Name Is an Investment
Your brand name is probably the single most important branding decision you'll make. It appears on everything — every post, every product, every partnership agreement. Taking time to choose a strong, distinctive, protectable name pays dividends for the life of your brand.
Curious where your current name falls on the spectrum? Get your Locrian Score — the IP Strength dimension rates your name's inherent strength and protectability.