Patent Attorney and Founder
I had a trademark rejected recently because it wasn’t seen as distinctive. The idea was to make it unique by combining two words. But, looking back, I get why it was turned down. For example, if I were launching a shaving cream brand and called it “Shaving Cream,” it would be too generic, right? I’d love some advice from anyone who’s dealt with this. I’m wondering if there are ways to add distinction without stepping on other brands’ toes—maybe adding “Co” at the end to make it “Shaving Co”? Is that enough to make it stand out?
Here’s the deal. Adding “Co” to something that’s already descriptive, like “Shaving Cream,” doesn’t do the trick. It’s still too descriptive. The USPTO will see that and just consider it a bigger version of a generic name. The key is that a trademark needs to be something more—either suggestive, arbitrary, or fanciful. If you take two descriptive words and mash them together, it won’t pass. For instance, “Shaving Cream Co” is still too close to being a description of the product itself.
Now, if you’re thinking about using two separate words, like “Shave” and “Nation,” there’s some room to play with that. You can combine them into a single, made-up word like “ShaveNation” for a stronger brand. I’ve seen many clients move toward these unified trademarks—one word, no space. It’s clear and recognizable as a brand. But here’s the catch: You have to be consistent. If you choose “ShaveNation” as one word, always use it that way. No mixing it up with “Shave Nation” or “Shave-Nation.” It needs to stay the same everywhere.
Consistency is important for trademark strength. I’ve noticed that some businesses get sloppy with their branding. They start with one format, then change it every time they use it. You’ve got to pick one version and stick with it if you want to avoid confusing potential customers and the trademark office.
And what about when brands evolve? A lot of companies start with something like “ShaveNation,” then later switch to a simpler version like “SN.” It’s common to tweak a brand over time, but you need to think about how to protect those changes. When I file trademarks for clients, I usually suggest going for a word mark first. It’s flexible. If you rebrand later, you don’t need to apply for a new trademark every time.
Now, if your brand involves both a name and a logo, you can register both. A word mark protects the name, while a design mark covers the logo, colors, and imagery. You can even have both, like using “SN” on the product itself and “Shave Nation” on marketing materials. The important thing is to stay consistent with how you present the brand. If you have “SN” on the kit, use “Shave Nation” alongside it where possible, so people can easily make the connection.
To sum it up, trademarks are all about finding that balance. Get the name right, stay consistent, and make sure you’ve got protection for both the word and any logos. Then, if your brand evolves, you’re covered.