Descriptive vs. Suggestive Trademarks: Which Is Right for Your Brand?

Written by JLG - May 15, 2025

Two common types of trademarks, descriptive and suggestive, can make or break your brand strategy. Understanding the difference between these two can help you make an informed choice.

What Are Descriptive Trademarks?

Descriptive trademarks are words or phrases that directly describe a feature, quality, function, or characteristic of a product or service. Examples include:

“Cold and Creamy” for ice cream.
“Best Clean” for a cleaning service.
“Speedy Delivery” for a courier service.

Pros of Descriptive Trademarks:

Easy for consumers to understand. Customers immediately know what your product or service is about.
Can acquire protection with “secondary meaning.” If a descriptive mark becomes well-known to consumers as identifying your brand specifically, it may gain legal protection over time.

Cons of Descriptive Trademarks:

Weak legal protection. Descriptive marks are generally not protectable unless they acquire secondary meaning.
Harder to enforce. Since descriptive words are common, it is more difficult to prevent competitors from using similar terms.

When Are Descriptive Trademarks a Good Choice?

Descriptive trademarks may be useful for local businesses or those operating in highly competitive industries where clear communication of services is a priority. However, they are not ideal for businesses aiming for strong brand protection.

What Are Suggestive Trademarks?

Suggestive trademarks hint at a characteristic or quality of the product or service but do not directly describe it. The consumer must use some imagination to connect the mark to the product. Examples include:

“Netflix” for streaming services (suggests internet and films).
“Coppertone” for sunscreen (suggests a tan or sun protection).
“Jaguar” for cars (suggests speed and elegance).

Pros of Suggestive Trademarks:

Stronger legal protection. Suggestive marks are considered inherently distinctive and are more easily protected.
Creative and memorable. Suggestive marks allow you to be more creative, making your brand stand out.

Cons of Suggestive Trademarks:

May require consumer education. Because the connection is not immediately clear, customers may take longer to recognize your brand.
Risk of confusion. If poorly chosen, suggestive marks may be misunderstood.

When Are Suggestive Trademarks a Good Choice?

Suggestive trademarks work well for brands that want a strong, protectable identity without resorting to completely made-up words (fanciful marks). They balance creativity with legal strength.

How to Decide: Descriptive or Suggestive?

Consider the following when choosing between a descriptive or suggestive trademark:

Your Branding Goals: If your goal is to create a strong, recognizable brand, a suggestive trademark is a better choice.
Your Target Audience: Are you marketing to consumers who need instant clarity, or can you afford to build brand recognition over time?
Legal Protection: Do you want a trademark that is easy to protect and enforce? Suggestive marks offer better protection.

A Quick Test: Is Your Trademark Descriptive or Suggestive?

Ask yourself:

Does the mark tell consumers exactly what the product or service is? → Descriptive.
Does the mark make consumers think or use imagination to understand it? → Suggestive.

If you are unsure, a trademark attorney can help you make the right choice.

Need Help Choosing the Right Trademark?

Whether you are just starting out or looking to strengthen your brand, choosing the right type of trademark is essential. At Jafari Law Group, we can guide you through the process, ensuring your brand is both creative and protectable.

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