Descriptive Business Names (Weak) Business names that identify characteristics of the merchant’s goods or services, such as geographic origin, color, function, or properties, are considered to be descriptive. Descriptive business names can only be trademarked if the name has acquired a secondary meaning. In other words, the public must associate the name with only one business. American Airlines and Food Network are both descriptive business names that are protectable because the public associates the names with only one business. Generic Business Names (Not Protectable) Generic business names cannot be registered as trademarks. A business name is generic if the public associates the name with a whole group of goods or services, including the merchant’s goods or services. Aspirin, Laundromat, and Thermos are examples of trademarks that have become generic. Taylor Hallowell is a specialist in intellectual property at Garcia-Zamor Intellectual Property Law, LLC. She is currently pursuing her Juris Doctorate at the University of Maryland Francis King Carey School of Law in Baltimore, Maryland. She received her Bachelor of Science degree in Biology from Amherst College in Massachusetts. Ms. Hallowell primarily focuses on contracts, discovery, and patents, mainly in the fields of mechanical technologies. If you have any questions regarding your trademarks and related branding strategy, please contact Garcia-Zamor Intellectual Property Law, LLC. n
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