When "Bingo!" is Just Bingo: Understanding the Trademark Distinctiveness Spectrum
It was early morning, still dark outside, when a neon "Bingo" sign caught my eye while driving to the office. I recognized something more than just a game of chance. The sighting highlighted a question trademark attorneys deal with constantly: how strong is a name?
Since that morning, I have noticed another six "Bingo" signs for different businesses. Each sighting was a reminder that the distinction between protectable trademark and generic term is important.
The Trademark Distinctiveness Spectrum: A Refresher
For my non-IP colleagues and business readers, let's take a quick journey across what we call the "trademark distinctiveness spectrum"—a scale for assessing how much legal protection a mark can receive.
Fanciful Marks
At the strongest end, we have fanciful marks—completely made-up words with no dictionary meaning. Think KODAK, XEROX, or EXXON. These invented terms enjoy the highest level of protection because they are inherently distinctive and exist solely to identify their source.
Arbitrary Marks
Next come arbitrary marks—existing words used in contexts completely unrelated to their ordinary meaning. APPLE for computers or CAMEL for cigarettes are memorable examples. These marks receive strong protection because there's no logical connection between the word and the product. Remember, you will not find any produce in an Apple store.
Suggestive Marks
Moving along, suggestive marks hint at the product's qualities without directly describing them. NETFLIX suggests internet (net) movies (flix) without explicitly saying so. GREYHOUND suggests speed for transportation. These require a mental leap from the consumer and receive good protection. If a mark seems clever, there is a good chance it is suggestive.
Descriptive Marks
Descriptive marks directly communicate something about the product or service. COLD AND CREAMY for ice cream or SPEEDY PRINTING for a print shop. These marks can only receive protection if they develop "secondary meaning"—when consumers begin to associate the descriptive term specifically with the brand.
Generic Terms
At the weakest end sit generic terms, which simply name the product or service itself rather than the source. No one can claim exclusive rights to "BICYCLE" for selling bicycles or "COFFEE" for coffee shops. Generic terms belong to the public domain and receive no trademark protection.
When "Bingo" Becomes Generic
That flashing "Bingo" sign presents an interesting case study. The word has multiple meanings:
A game of chance where players mark numbers on cards
An exclamation indicating success or discovery ("Bingo! I've found it!")
Various business names spanning from gaming halls to pet shops to tech startups
Is "Bingo" generic? Well, it depends entirely on context. For a gaming hall offering actual bingo games, the term would likely be considered generic—simply identifying the service offered. For a tech startup developing search algorithms, it might qualify as arbitrary or suggestive, referencing the "eureka" moment of finding what you're searching for.
Genericization: When Brands Become Victims of Their Own Success
Perhaps the most fascinating aspect of this continuum is that it's not static. Powerful, distinctive trademarks can slide toward genericness through a process called "genericide" or "genericization."
Consider these once-protected trademarks that became generic terms:
Escalator (originally an Otis Elevator Company trademark)
Thermos (originally a brand name for vacuum flasks)
Zipper (once a B.F. Goodrich trademark)
These brands became victims of their own success, entering common language as the generic name for their product category.
Protecting Your Brand from the Genericness Trap
Here are some practical strategies to prevent your trademark from sliding into genericness:
Use your mark as an adjective, not a noun: It's "KLEENEX tissues," not just "Kleenexes."
Include the generic term: Say "BAND-AID adhesive bandages," not just "Band-Aids."
Use proper trademark symbols: ® for registered marks, ™ for unregistered ones.
Develop brand guidelines: Ensure consistent usage across your organization.
Monitor and correct improper usage: Particularly in media, dictionaries, and publications.
Avoid using your mark as a verb: "Make a photocopy," not "Xerox this document."
Bingo! Finding the Right Mark for Your Business
That flashing "Bingo" sign reminded me that selecting a mark involves strategic considerations beyond just what looks or sounds good. The stronger and more distinctive your mark is on the spectrum, the better legal protection it will enjoy.
For new businesses, I generally recommend aiming for the fanciful to suggestive range when possible. While descriptive marks might seem appealing (they immediately tell consumers what you do), they start with no protection and require years of marketing investment to develop secondary meaning.
Final Thoughts
My morning commute now includes an informal game of "spot the trademark issues" with every sign I pass. That "Bingo" moment showed how the legal concepts IP attorneys work with daily are visible everywhere.
Whether you are choosing a new brand name, protecting an existing one, or simply curious about why some companies vigorously defend seemingly trivial usages of their marks, understanding this distinctiveness spectrum shows the balance between building brand recognition and preventing genericization.
So the next time you reach for a Kleenex tissue or use Google search engine, remember—behind those familiar terms are trademark owners hoping you'll remember they're brands, not just generic product categories.
