Generic vs Descriptive vs Distinctive: Trademark Spectrum

"Best Plumbing" can't be trademarked. "Bluebird Plumbing" registers instantly. Know the spectrum.

Trademark Lens Team

"Best Plumbing" can't be trademarked. "British Plumbing" can - with proof. "Bluebird Plumbing" registers instantly. Knowing where your name falls on the distinctiveness spectrum determines what legal protection you'll get.

Generic: Zero Protection

"Computer Shop," "Fast Pizza," "Best Consulting." Describes the product. Anyone can use it. No trademark possible.

28% of UK trademark applications are rejected as generic. Wasted £170 application fee each time.

Descriptive: Conditional Protection

"British Airways," "American Express." Describes origin or quality. UK IPO requires proof of "secondary meaning" - 5+ years of exclusive use.

Proving Secondary Meaning

Sales figures, advertising spend, customer surveys. Minimum £50,000 marketing spend to establish. Not realistic for startups.

Suggestive: Easier Protection

"Greyhound" for fast buses. Suggests speed without saying "Fast Bus." UK IPO registers with less proof.

Arbitrary: Strong Protection

"Apple" for computers. Common word, unrelated to product. Registers easily. Competitors can't use.

Fanciful: Strongest Protection

"Kodak," "Google," "Xerox." Invented words. Instant registration. Complete ownership. Maximum legal protection.

Warning: Descriptive names ("Quick Delivery") give zero protection until you're huge. Competitors can use similar names legally.

Generic Names Can't Be Trademarked

If you want legal protection and a name competitors can't copy, make it distinctive from day one. Aim for arbitrary or fanciful.

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