Choosing a name for your business or product might seem straightforward, until you try to trademark it. Many entrepreneurs come up with a name they love, only to find out later that it’s too generic to be protected under trademark law.
If you’re building a brand in Florida (or anywhere in the U.S.), here’s what you need to know about why some names can’t be trademarked, and how to choose one that can.
What Makes a Brand Name “Too Generic” to Trademark?
Let’s start with the basics: trademarks protect brand names, logos, slogans, and other identifiers that distinguish your business from others. But not all names qualify for protection.
What Does “Generic” Mean in Trademark Law?
In trademark terms, a name is generic if it simply describes what the product or service is, rather than indicating who it comes from.
Think of names like:
- “Pizza Restaurant” for a pizza shop
- “Shoe Store” for a footwear retailer
- “Law Services” for a legal firm
These are too descriptive and not distinctive. You can’t trademark the word “apple” if you’re selling apples, but you can if you’re selling computers (hence, Apple Inc.).
How to Tell If Your Business Name Is Too Generic
1. Does the name describe the product or service directly?
If yes, it’s likely too generic.
Example: “Fresh Bread” for a bakery.
2. Would competitors reasonably need to use the same word to describe their product?
If yes, that’s a red flag.
Example: “Fitness Studio” can’t be trademarked by one gym because others need to describe their business the same way.
3. Does the name tell people who made the product—not just what it is?
If yes, you may be on the right track.
Example: “Peloton” doesn’t describe a bike—it brands one.
Understanding the Trademark Spectrum: From Weak to Strong
When choosing a name, it helps to understand what’s known as the trademark distinctiveness spectrum:
| Category | Example | Trademarkable? |
|---|---|---|
| Generic | “Computer” for computers | ❌ Not allowed |
| Descriptive | “Cold & Creamy” for ice cream | ⚠️ Hard to protect |
| Suggestive | “Netflix” for internet film service | ✅ Trademarkable |
| Arbitrary | “Apple” for computers | ✅ Strong mark |
| Fanciful | “Kodak,” “Xerox” | ✅ Very strong mark |
The stronger (more distinctive) your name is, the easier it is to protect and enforce.
Tips for Choosing a Strong, Trademark-Ready Brand Name
If your current name is looking a little too generic, don’t panic. Here’s how to pivot and pick something stronger:
1. Aim for Suggestive, Arbitrary, or Fanciful
These are the categories that stand up best in court and get approved fastest by the U.S. Patent and Trademark Office (USPTO).
2. Create a Unique Word or Name
Some of the strongest trademarks are invented words. Think of “Verizon” or “Spotify”—they don’t mean anything out of context, which makes them inherently distinctive.
3. Use Word Combinations
Blending two words (real or made-up) can help avoid generic terms. For example, “QuickBooks” is more distinctive than “Accounting Software.”
4. Do a Trademark Search First
Before investing in logos, branding, or a website, consult a trademark attorney to do a comprehensive search. Just because a name is available as a domain doesn’t mean it’s legally available to use.
What Happens If You Try to Trademark a Generic Name?
If you file a trademark application with the USPTO using a generic or merely descriptive term, you’ll likely receive an Office Action—a legal refusal to register the mark.
You can try to argue that the mark has acquired distinctiveness (called “secondary meaning”), but that requires proof that consumers strongly associate the name with your brand—which is hard to do unless you’ve been around a while or spent significantly on marketing.
Can You Still Use a Generic Name Without a Trademark?
Yes, but you’ll have limited legal protection.
Even if you can’t register the name, you may have some common law rights in your geographic area. However, those rights are harder to enforce, and you’ll have a much tougher time stopping someone else from using the same or similar name.
If you want long-term exclusivity and the ability to grow your brand across state lines, or internationally, you’ll need a strong, registerable name.
Invest in the Right Name Early
Choosing a name is one of the first and most important branding decisions you’ll make. A strong, trademarkable name sets the foundation for everything: your website, your logo, your marketing, and your legal protection.
At our law firm, we help business owners across Florida and beyond navigate the trademark process from start to finish, from name vetting and clearance searches to filing and responding to the USPTO, helping secure their brand.
If you’re unsure whether your current brand name is protectable or need help choosing a new brand name, contact an experienced attorney in Miami at 305-570-2208.
You can also contact trial attorney Eduardo A. Maura at eduardo@ayalalawpa.com.
Schedule a case evaluation online here.
[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].
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