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A brand owner should be cautious in choosing a coined word as a brand name. If a brand name is chosen which consists of a coined or invented word with no inherent meaning, such as EXXON®, considerable financial resources and time may be required before the name becomes known. However, coined words may be the only viable choice to avoid linguistic and cultural problems faced by international brands. In addition a coined word once established can be highly distinctive.
Similar considerations apply to initials which create little meaning for consumers. Typically initials are used as business names by organizations which are confident that the initials will be associated with them. For example, International Business Machines has used the initials IBM® for many years. Initials are not commonly used for new businesses or new products.
A brand name which is descriptive of the product, the brand owner or the geographic locality from which the product originates may not be a good choice. A brand name which suggests but does not describe characteristics or properties of the product may be more acceptable. An example is the trademark TALON for zippers. A suggestive name may be potentially more appealing to the customer and more easily remembered.
There may be future problems associated with the choice of a descriptive mark as opposed to a more unique mark. If it is anticipated the product may have a short life or the marketing budget is small, individuals responsible for marketing may wish to use a descriptive mark which will quickly convey to consumers the benefits of the product. Unfortunately, if the product is successfully introduced in association with such a mark it may be impossible to stop competitors from using similar marks on competing products.
Any brand name must also comply with relevant Federal legislation. For example, the mark as used cannot be false or misleading or contrary to the Food and Drugs Act.
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