It’s Not So Straightforward to Create Descriptive Names
It can be challenging to find the right name for clients when they ask for a ‘descriptive name.’ Descriptive names are often requested because they’re easily understood and they reinforce rather than compete with a company or product line masterbrand.
There are different types of names on the trademark spectrum from generic to descriptive to suggestive to fanciful/arbitrary. And there are different types of descriptive names as well.
Clients may differ on what kind of descriptive names they want. Sometimes, they’re really looking for a generic name, which is the most obvious way to describe an offering. While generics are not descriptive trademarks on their own, by adding the masterbrand they can be protected. For example Pharmacy is a generic name, but CVS Pharmacy is readily understandable, differentiated and protectable. There are other types of descriptive names, but sometimes these may not be what a client has in mind.
For example, adding another word or two alongside the generic can be considered a descriptive trademark. Let’s stick with the pharmacy example.
A company develops a line of organic pharmaceuticals, and decides to brand its line as The Organic Pharmacy. This is clearly described and can be registered as a trademark. While this seems like a straightforward solution, it still involves the need to invest in and protect a trademark, rather than keeping it generic under the masterbrand—e.g, (Company name) Organic Pharmaceuticals.
Let’s take it one step further into the realm of ‘compound trademarks.’ These are brands that are created by locking up two words or word parts together. For example, a company might name its organic pharmaceuticals, NaturPharm. This name is protectable and still easily understood. However, a client might reject this type of ‘descriptive name’ because it opens the door for product teams to prefer these more creative constructions rather than a more simple-descriptive or generic alternative.
Similar to compound trademarks are ‘telescoped trademarks.’ These are names that share a common letter, for example, Pharmax. Most consumers would grasp that this name describes a maximum-strength pharmaceutical. However, as with compound trademarks, it might seem a bit too creative to fit within a company’s descriptive naming strategy.
Let’s take another step forward, still within the realm of descriptive names. While ‘Pharmacy’ is generic, it seems that Farmacy is registered as a descriptive trademark for pharmaceutical product development. Again, this name may not fit into a more conservative masterbranded descriptive naming strategy.
Moving beyond descriptive naming, we move to ‘suggestive trademarks.’ These names are outside our descriptive name discussion today. For example, Clean & Clear is a suggestive name for a facial wash. These names are pretty straightforward, and with brand support can become imbued with the intended meaning. However, they are not what we consider a descriptive name.
Here are some considerations when determining whether a name fits within a company’s descriptive naming strategy:
Is the descriptive naming strategy so conservative that they block out more constructed names?
Does the definition of ‘descriptive’ have to be exactly the same as the legal definition, particularly if trademark protection is not priority for the company?
What are the right criteria for determining compliance with a descriptive naming strategy? Is it marketing cost, degree of clarity, other names in the portfolio, etc.?
In sum, there is certainly some wisdom in descriptive naming. A descriptive name is easily understood, it reinforces a masterbrand, and it is generally less costly than developing and protecting more creative trademarks. However, this strategy is likely to cause a tug of war between the corporate marketing team seeking to apply the masterbrand strategy and the product team trying to promote its offerings with something more distinctive and exciting.
So, a company needs to establish guidelines for what it has in mind to create a desired balance and make it work in the long term.