or something similar.
The key to having the most trademark protection is to choose an unrelated, arbitrary word. Descriptive words, such as fast, are unlikely to earn much trademark protection. Instead of fast, it may be possible to use a suggestive name such as jet, rocket, or race.
With 10,000 good, short, easy-to-spell dictionary words, it is always possible to find one for a few thousand dollars. Shorter four or five character dictionary words are more expensive. Three character dictionary words are extremely expensive.
Coined or fanciful words are words such as Exxon or Kodak that had no prior use. In theory, coined words are the best from a trademark-legal point of view, since no one has used the word before. Ideally, a coined word is totally new and unrelated to any other word.
But, memorability requires a short name, which has led to a number of similar coined names such as Duron, Enron, and Micron, which diminishes the legal advantage, since confusion is possible. LexIs sued LexUs.
While the legal protection is not perfect, the legal protection is considered the strongest of any category. But from a marketing point of view since no one has used the word, coined words may be as difficult to remember as nonsense syllables.
With a supply of thousands if not tens of thousands of short, coined words, it is always possible to find one for a few thousand dollars or less – often free.
Because of the lack of trademark protection for generic names, the lack of distinctiveness, and the cost of many generic domain names, many businesses have used a “generic plus” or “modified generic” naming strategy.
A prefix, suffix or second word can be added to the generic name. Examples of this are Carmax, CarMart, eCars, CarDepot, CarOne and CarLand.
This works if the generic word, such as car, is short. Longer generic names, such as CarpetCleaningMax.com, can be too long. But many of the longer generic words have common abbreviations. For example, computer is often abbreviated “comp” as in CompUSA. Software is often shortened to “soft” or “ware” in names. Tech is a common abbreviation for technology, overused in names.
These names range from virtually generic, eCars.cars, to nearly coined, QuanCars.com, with descriptive, suggestive and arbitrary second-words in-between. Since the generic word lacks any trademark protection, the trademark strength depends on the trademark strength of the “plus” part of the name.
The generic plus strategy is often an attempt to have the benefits from both a generic and a distinctive name, but may have the problems of both if one is not careful. At worst, it could infringe on someone's trademark based on the second word such as CarsRus or CarBay. The generic part of the word is usually trademark safe.
Another strategy is to use two unrelated words in a name. Examples of two unrelated words are RedEnvelope.com and BlueTooth.com. The two unrelated words strategy differs from the generic-plus strategy in that neither word is related to the generic product. Technically red is related to envelope by being an adjective, but neither word is closely related to the product or service being sold.
The main advantage to this method, two unrelated words, is that it’s cheap and often free. With 30,000 single words, there are 900 million combinations of two single words (30,000 x 30,000).
The main disadvantage is that two unrelated words are twice as difficult to remember as one. Two words that are commonly related to each other such as “happy birthday” or “hot wire” are easier to remember, but rare and may be as expensive as single words.
From a trademark viewpoint, it could be twice as risky. It could infringe on someone's trademark based on either the first or second word. If you are RedDog.com selling computers, either Red Computers or Dog Computers could consider trademark action against you.
The entire book can be read at www.seemly.com.
Steve Baba has a Ph.D. in Economics and ebusiness experience. The ebook on domain names is available at www.seemly.com, for free.
eeeni@aol.com