The PTO defines a trademark as: “any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods.” In other words, a trademark is a brand name. A word mark is simply a trademark that consists purely of words. Although many trademarks are made up of stylized design marks, which include words, it is possible to apply for and register words, alone, as trademarks. MICROSOFT, KODAK, and TWITTER are examples word marks.
In order to qualify for registration on the Principal Register (which is where you want to be), a trademark must be either inherently distinctive or have acquired distinctiveness. Distinctive marks include:
- Suggestive marks (e.g., ROACH MOTEL, SUGAR for a dating service), which suggest some quality or characteristic of the services or goods offered in connection with the trademark, but which require a mental leap in logic to make the connection.
- Arbitrary marks (e.g., APPLE for computers, AMAZON for an e-commerce retail site), which are dictionary words that bear no relation to the goods or services offered in connection with such marks.
- Fanciful marks (e.g., GOOGLE, VERIZON, TIVO, TWITTER), which are made up words and phrases.
Descriptive trademarks (e.g., BANK OF AMERICA, FRONT STREET PIZZA) are not inherently distinctive, but can become distinctive and qualify for registration on the Principal Register through use in commerce. Generic words, such as DOCTOR for a medical doctor, or PUMPKIN STORE for a store that sells pumpkins, can never obtain trademark protection.
