Frequently Asked Questions About the 5 Types of Trademarks

Question: What is the strongest type of trademark?

Answer: Fanciful trademarks (also called coined marks) are the strongest. These are invented words with no prior meaning, such as Xerox, Kodak, or Google. They are inherently distinctive, making them the easiest to register and the hardest for competitors to challenge. Arbitrary marks (real words used in unrelated contexts, like Apple for computers) are a very close second in strength.

Question: Can I register a descriptive trademark with the USPTO?

Answer: Yes, but only if you can prove the mark has acquired “secondary meaning.” A descriptive mark directly describes your goods or services (e.g., “American Airlines” or “Sharp” for TVs). It is not inherently distinctive, so the USPTO generally requires evidence that consumers now associate the name specifically with your brand rather than the product category. This usually requires substantial use and advertising over time.

Question: What is secondary meaning in trademark law?

Answer: Secondary meaning (also called acquired distinctiveness) occurs when consumers come to recognize a descriptive term as identifying a specific source rather than just describing the product. Under Section 2(f) of the Lanham Act, you can submit evidence such as sales figures, advertising expenditures, consumer surveys, or long-term exclusive use to prove secondary meaning and overcome a descriptiveness refusal.

Question: Which type of trademark is best for small businesses, entrepreneurs, and creators?

Answer: Suggestive trademarks are usually the best choice for most small businesses, entrepreneurs, podcasters, course creators, and independent brands. They hint at the nature of your offering without directly describing it (examples: Netflix, Coppertone, Jaguar). Suggestive marks are inherently distinctive, relatively easy to register, memorable for customers, and strike an excellent balance between legal strength and marketing practicality.

Question: Can generic terms be trademarked?

Answer: No. Generic terms are the common name for the product or service itself (e.g., “Bookstore” for a bookstore or “Elevator”). They can never function as trademarks because they do not identify the source. The USPTO will refuse registration, and even if registered by mistake, the mark can later be canceled. Some former trademarks like “Aspirin” and “Elevator” became generic over time through widespread use.

Question: How does the USPTO evaluate whether a trademark is distinctive enough to register?

Answer: The USPTO examines the mark in relation to the goods or services listed in the application using the spectrum of distinctiveness. Examiners consider dictionary meanings, how the mark is used in the marketplace, and whether it immediately identifies the source. Marks that are fanciful, arbitrary, or suggestive are considered inherently distinctive and are generally approved more easily than descriptive marks.

Question: What happens if the USPTO refuses my trademark application because it is descriptive?

Answer: You will receive an Office Action. You can respond by arguing that the mark is actually suggestive, or by submitting evidence of secondary meaning under Section 2(f). Many applicants successfully overcome descriptiveness refusals with strong evidence of acquired distinctiveness. Working with an experienced trademark attorney significantly improves your chances of success.

Question: Do I need a trademark attorney to evaluate whether my brand name is protectable?

Answer: While not legally required, it is strongly recommended. A trademark attorney can properly analyze where your name falls on the spectrum of distinctiveness, conduct a comprehensive clearance search, and advise on the likelihood of registration and enforcement. Many entrepreneurs waste time and money on names that are difficult or impossible to protect without professional guidance.

Question: How long does it usually take to register a trademark?

Answer: The USPTO currently takes an average of 12–18 months from filing to registration for straightforward applications (as of mid-2026). Descriptive marks or those requiring responses to Office Actions often take longer. Filing with a complete application and strong specimens can help speed up the process.

Question: Should I still try to trademark my business name if it is descriptive?

Answer: It depends on your long-term goals. Descriptive names can sometimes be registered with significant effort and evidence of secondary meaning, but they generally receive narrower protection and are harder to enforce. Many businesses choose a stronger suggestive or arbitrary primary mark and use the descriptive term as a tagline or secondary identifier instead.