When you’re building a business, your brand name is one of your most valuable assets. It’s what customers remember, refer, and trust. So naturally, protecting your brand name with a trademark makes sense. But here’s the catch: not all brand names are created equal under trademark law.
Two common roadblocks we see as trademark attorneys are generic and descriptive trademarks—and unfortunately, many business owners don’t realize their name might fall into one of these categories until it’s too late.
Let’s break down what those terms mean, how they impact your trademark rights, and why the USPTO sometimes gets it wrong.
What Is a Generic Brand Name?
A generic trademark isn’t really a trademark at all. Generic terms are words that the public understands as the common name for a product or service—like “apple” for the fruit, or “coffee” for a beverage.
Under U.S. trademark law, you can’t trademark a generic brand name. Why? Because allowing one business to own a word that everyone uses to describe a product or service would unfairly limit competition.
According to the USPTO’s guidance, generic terms are “incapable of functioning as a trademark to indicate source.”
Examples of Generic Brand Names:
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“Asprin” for a pain relieving pill
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“Band-Aid” for adhesive wound care
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“Jet Ski” for water vehicles
What Is a Descriptive Brand Name?
A descriptive trademark is a little trickier. It’s a term that describes some aspect of the goods or services—like the quality, features, or purpose—but hasn’t yet acquired distinctiveness in the minds of consumers.
Descriptive marks aren’t inherently protectable when first filed. But they can gain protection over time through something called “secondary meaning,” where consumers begin to associate that descriptive term with a particular source or brand.
The USPTO explains that “a mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services.”
Examples of Descriptive Brand Names:
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“Photography for You” for photography packages
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“Quick Clean” for cleaning services
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“Easy Travel” for a travel agency
Sure your customers know what you are offering—but your brand won’t stand out to the rest to an examining attorney at the USPTO, they could just be seen as descriptions of what you’re offering.
When the USPTO Gets It Wrong: A Real-World Look
Here’s where things get interesting. Sometimes, the USPTO does approve trademark applications that probably shouldn’t have been granted. A recent example we came across is the mark “Adventure Sessions” for photography.
If you’re in the photography world, you know that “adventure sessions” are a common phrase for outdoor or destination-style photo shoots. It’s descriptive, if not arguably generic, in the context of photography. Yet, somehow, this brand name made it through the USPTO.
Situations like this may create problems for other photographers who use that term in good faith, only to be hit with a cease and desist letter.
As attorneys, we believe there’s a strong case that this trademark could be challenged or overturned based on it being generic or merely descriptive. This is why its utterly important to have legal counsel who specializes in Trademarks like Griffith Suazo Law, so you don’t end up wasting money registering something that could get canceled down the road!
Why This Matters for Your Brand Name
Choosing the right brand name is not just a marketing decision—it’s a legal one.
If your name is too descriptive or generic, you may:
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Get rejected by the USPTO
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Be unable to stop competitors from using similar terms
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Risk being forced to rebrand after building recognition
That’s why it’s so important to work with trademark professionals (like us!) early in the process. We help clients evaluate the strength of their brand name, perform trademark clearance searches, and file applications that stand the best chance of being approved—and protected.
Why Trademark Registration Matters for your Brand Name
Let’s say you’ve come up with the perfect brand name—creative, catchy, and (most importantly) legally protectable. What’s next?
Register it.
A registered trademark gives you real legal rights. Without registration, you may still have some common law protection, but enforcing those rights—especially across state lines or online—can be tricky and expensive.
When you register your trademark with the USPTO, you get:
✅ Nationwide ownership rights (not just local ones)
✅ The legal presumption that you own and have exclusive rights to use the mark
✅ The ability to stop copycats and enforce your rights in federal court
✅ Peace of mind knowing your brand is protected as you grow
At Griffith Suazo Law, we’ve helped dozens of entrepreneurs, creatives, and small business owners protect their brand the right way.
Want to know exactly how the trademark process works?
Check out our Trademark Registration Guide for a step-by-step breakdown of what to expect.
Final Thoughts: Think Before You Brand
Before you fall in love with a name that perfectly describes what you do, pause and ask: “Is this a name I can truly own?” If not, it’s worth getting creative or talking to a trademark attorney before making it the foundation of your business.
At Griffith Suazo Law, we’re here to help you choose a strong, protectable trademark and guide you through the process with clarity and confidence.
Need help evaluating your brand name or fighting a weak trademark? Book a Consultation today!
