The strength of a particular trademark is measured according to the Continuum of Distinctiveness and Descriptiveness. On the far left of that continuum are fancy marks, which are possibly the strongest type of mark to file. The presentation of these types of marks increases the probability of trademark registration (provided, of course, that the mark is legally available).
What is a fantasy brand?
This is what the USPTO says:
“Fantastic brand comprehension terms that have been invented for the sole purpose of functioning as a trademark or service mark. Such brand comprehension words that are unknown in the language (for example, PEPSI, KODAK, and EXXON) or are completely out of common usage (eg FLIVVER).”
Basically, fancy trademarks are made up words or words that are considered archaic.
Should I choose a fancy brand?
While fancy trademarks are arguably the strongest types of trademarks, does that necessarily mean you should choose a fancy word for your service or product? This is something you will need to decide in terms of your industry, your customers, your competitors, your customers, and your overall plans.
Fanciful trademarks don’t necessarily “tell” a person what the product or service is, so informing the public of that could require extensive work on your part.
How can I create a fantasy brand?
Creating a fancy brand is similar to creating a business name. You will have to take into account all the aspects described above (industry, clients, plans, etc.). But when it comes to fancy brands, your imagination is really needed. Here are some helpful guidelines:
1) Write down all the adjectives you want your customer to associate with your product or service.
2) Research your competitors – how often are fancy words used? Do most of your competitors use descriptive terms? What kind of keywords/keyphrases are used when searching for your product or service online?
3) What is the personality of your business? Is it serious and formal? Is it fun and funky? Describe your business as if it were a friend of yours.
Those are just a few ways to find the “feeling” you want your product or service to convey. Now, when it comes to actually creating the fancy brand, you can peruse archaic word dictionaries if you want to go that route.
If you want a completely made-up word, think of words and letters in terms of how they look and sound. For example, many pharmaceutical companies use common sounds (for example, Vs, Xs, and Zs are often used). Start with combinations of two or three letters and, above all, have fun!
