Under US trademark law, which type of band name is strongest for distinctiveness?

Under US trademark law, which type of band name is strongest for distinctiveness?

• A. Names that are common dictionary words
• B. Descriptive phrases
• C. Names that are made up and are not in the dictionary
• D. Names that include a real person's surname

Answer: (C)

The main idea is how inherently distinctive a band name is. Names that are made up and not in the dictionary are the strongest because they are invented specifically for branding and have no dictionary meaning related to goods or services. That means they start with a clean slate, making them inherently distinctive and easier to register and defend against unauthorized use. They don’t describe the music or convey any inherent meaning about the band, so they’re less likely to be confused with others and often don’t need to prove secondary meaning. In contrast, common dictionary words are weak since they could describe features or be used by others; descriptive phrases are even weaker; and using a real person’s surname can raise rights or publicity issues and isn’t inherently distinctive. So the strongest choice is a name that is made up and not in the dictionary.

The main idea is how inherently distinctive a band name is. Names that are made up and not in the dictionary are the strongest because they are invented specifically for branding and have no dictionary meaning related to goods or services. That means they start with a clean slate, making them inherently distinctive and easier to register and defend against unauthorized use. They don’t describe the music or convey any inherent meaning about the band, so they’re less likely to be confused with others and often don’t need to prove secondary meaning. In contrast, common dictionary words are weak since they could describe features or be used by others; descriptive phrases are even weaker; and using a real person’s surname can raise rights or publicity issues and isn’t inherently distinctive. So the strongest choice is a name that is made up and not in the dictionary.