What are descriptive names? When is a wording considered generic? And which terms need to be kept free for common use?
Brand name protection: ensuring legal security for your brand
A brand name is more than just a creative idea—it must also be legally protected. Whether it’s a company name, product name, or app name, the ideal scenario is securing it as a trademark.
However, not every name is eligible for trademark registration. To qualify, it must serve as a clear distinguishing feature, setting a company’s products or services apart from competitors. Trademark offices—such as the German Patent and Trademark Office (DPMA)—assess whether a brand name possesses the required distinctiveness. If it lacks this quality, the application will be rejected. But what exactly determines this?
Descriptive, generic, or common use – what’s allowed?
Names that merely describe goods or services cannot be trademarked (e.g., Online Shop or Fitness Studio). These generic terms must remain available for public use.
Similarly, words that have become commonly used as category terms—even if they were once trademarks—cannot be protected (e.g., "app" or "software"). Over time, even former brand names can evolve into generic terms—examples include "flip-flop" or "Fön" (used synonymously for "hair dryer"in German). Once a term is widely used in everyday language, it is no longer eligible for trademark protection.
General or widely used industry terms also cannot be registered as trademarks. This includes descriptors like "Plus" or "Extra", as well as commonly used terms like "Bio" or "Future". Such words must remain freely available to all businesses.
Distinctive and creative brand names: what can be trademarked?
Names that stand out from the obvious are usually eligible for protection. This includes:
- Invented words – e.g., Google
- Unrelated symbols – e.g., Apple for a tech company
- Associative name combinations – e.g., Facebook
The key takeaway? A brand name can evoke associations, but it should not explicitly describe the product or service.
A registrable brand name sets you apart
Keeping these trademark principles in mind saves time, money, and frustration when securing brand protection.
Not sure whether your company or product name can be protected? We’re happy to review it for you.
