June 4, 2026

Hello Reader,

Sometimes the biggest trademark problem is not that the name is too strange.

It is that the name explains the business too clearly.

That may sound backwards.

Founders are told to make their branding clear. They want customers to understand what they do. They want the name to communicate the service without a long explanation.

That is good marketing.

But it can be dangerous trademark strategy.

A recent Trademark Trial and Appeal Board decision shows the problem. An applicant tried to register THE SKIN COACH for coaching, online training, workshops, private coaching, and holistic health services related to health and wellness.

The Trademark Office refused the application on the ground that the wording was generic. The Board agreed.

The applicant argued that the wording may describe a niche within wellness services, but that it was not generic. The Board looked at how the words were being used by others in the marketplace. There was third-party evidence showing that “skin coach” was used in connection with skincare, wellness, and esthetics services.

That evidence mattered.

When the public understands a term as the name of the category of service, that term is not functioning as a brand. It is functioning as the thing itself.

That is the danger.

A founder may think:

“This is perfect. People will instantly know what I offer.”

The Trademark Office may think:

“Exactly. That is the problem.”

Trademarks are supposed to identify the source of goods or services. They tell customers who is behind the product or service.

Generic terms identify what the product or service is.

Descriptive terms explain something about the product or service.

Suggestive, arbitrary, or fanciful marks are usually stronger because they make the customer connect the dots.

For example, a name that directly tells customers “this is coaching for skin” may be easy to understand, but it can be hard to own. A name that hints at beauty, confidence, transformation, or skin health without naming the service directly may give the founder a better chance at building protectable brand value.

This is one of the hardest conversations in trademark strategy.

The name that feels easiest to sell can be the name that is hardest to protect.

The name that requires a little more brand-building may become much more valuable later.

That does not mean every clear name is automatically unavailable. It also does not mean every descriptive term is hopeless. Some descriptive marks can become protectable over time with strong evidence of acquired distinctiveness. Some may be capable of registration on the Supplemental Register.

But there is a line.

Once a term is treated as generic for the relevant services, the problem becomes much more serious. A generic term cannot be rescued just because the founder was first to use it or wants to build a brand around it.

That is why choosing a trademark is not only a marketing decision.

It is an ownership decision.

Before you invest in a name, ask:

Does this name identify my company?

Or does it merely name the service I provide?

That question can save a founder a lot of money, time, and disappointment.

If you are considering filing a trademark and want to understand the safest strategy, you can review the filing options here:

Trademark Registration Options Here

J.J. Lee and the Trademark Lawyer Law Firm Team

P.S. A strong trademark does not have to be confusing. It just needs to do more than describe the service. That difference matters.