According to Brandchannel.com (Interbrand), great brands share the following principal attributes: (1) a compelling idea; (2) a resolute core purpose; and (3) a central organized principle.[1] What else do Interbrand’s top 100 brands of 2013 share [2]? Nearly every brand incorporates a strong source-identifying trademark.
US trademark law evaluates the strength of a trademark along the following continuum (from weakest rights to strongest rights): generic, descriptive, suggestive, arbitrary, and fanciful. What is a generic term? Office Supply Store when used in connection with retail office supply services. Looking for examples of arbitrary and fanciful marks? Check out that list of top 100 brands again – Number 1: Apple (arbitrary) and Number 2: Google (fanciful).
It can be difficult to establish a brand in accordance with the three points identified above if your brand fails to incorporate a strong trademark. Do you think Apple’s brand would have come to represent a compelling idea, a resolute core purpose, and a central organized principle if it had chosen the company name Innovative Computers? It seems unlikely that the “suggestive” company name Innovative Computers would serve as a strong source identifier in the computer marketplace. A company that struggles to distinguish its name from the names of its competitors will likely have a difficult time generating the goodwill necessary to convey the principal attributes shared by great brands. From a legal perspective, adopting physical brand elements (e.g., name, logo, tagline) that would be viewed as weak trademarks under US trademark law may make it difficult for you to enforce the rights in your brand against others.
Having trouble coming up with a great brand name for your own company? Consider working with a brand specialist or branding agency. Before making a final decision, consult with a trademark attorney regarding the physical elements of your brand. Your attorney can advise you regarding: (1) whether the chosen name, logo or tagline are are distinctive enough to warrant registration; and (2) whether others may have prior rights in your name, logo or tagline.
[1] Brandchannel Paper
[2] Interbrand Best Global Brands 2013