Not every appealing name can be protected, and not every strongly protected name sells easily. This is how to balance both.
Descriptive names help customers immediately understand what you sell, but they are almost impossible to trademark due to a lack of distinctiveness. Completely invented names offer the strongest protection but require a large marketing budget for customers to understand. For most small and medium-sized businesses, the best balance lies in suggestive names: revealing product characteristics without being overly explicit, making them easy to market while still qualifying for trademark protection.
Once naming the brand, most business owners face a two-way pull: on one side is a name that is easy to understand so customers know what they are selling, and on the other side is a unique name that no one else can claim. These two goals are not entirely contradictory, but it is rare to achieve both at maximum levels simultaneously. Understanding this trade-off is essential for you to make the right choice, rather than choosing based on what sounds good.
Trademark laws in many countries (and international intellectual property consulting practices) classify brand names on a spectrum from weak to strong in terms of protectability. Sinh Vũ uses this spectrum as a positioning tool when working with clients, not to judge which names are more attractive.
Important note: this spectrum is derived from case law and international trademark law. In Vietnam, the Intellectual Property Law has its own criteria for "distinctiveness." You need to consult a local intellectual property lawyer for specific evaluation, and should not mechanically map international standards to domestic registration files.
A descriptive name has a clear practical advantage: customers understand it immediately, without needing an explanation. For a new business with a small budget that needs to generate revenue quickly, this is significant.
However, you need to recognize what the name does not accomplish:
In summary: choose a descriptive name when the budget is very limited, the product needs immediate explanation, and you accept not to retain exclusivity of that name in the long term.
A completely made-up name offers the strongest protection and avoids being tied to a specific product or industry. This is why global brands often take this approach.
However, this comes with a condition: you must have a communication budget and time to educate customers about who you are, what you sell, and why you are trustworthy. A name like "Kodak" or "Google" does not speak for itself. No matter how strong the protection, it cannot replace the process of building that identity.
Choose this direction when: the vision expands across multiple industries, there is a strong communication budget, and protecting brand assets is the top priority.
In the naming process, Sinh Vũ positions name options on this spectrum so you can clearly see the specific trade-offs, rather than just choosing based on the feeling of "sounds okay" or "sounds nice." For most small and medium enterprises in Vietnam, Sinh Vũ prioritizes the suggestion area because it balances communication costs and protection capabilities without requiring excessive resources on both sides.
A good name is not necessarily the best name when spoken aloud. A good name is one that you can defend, communicate with a realistic budget, and that won’t get stuck as the business grows.
Operational principles, Sinh Vũ Studio
The step of checking specific legalities, Sinh Vũ collaborates with intellectual property lawyers. Sinh Vũ does not provide legal conclusions on behalf of the lawyers but helps you understand where you stand on the spectrum before submitting your application.
Topic: Choosing a descriptive name or a creative name for the brand. Sinh Vũ guide, sinhvu.com
Select each item you find appropriate, then print or save as PDF to take with you.
If you have marked most of the signs above, this is the time to discuss in more detail. Sinh Vũ can help you review and propose a direction.
INTA, Trademark Strength Fact Sheet; Erik M Pelton & Associates, Why Suggestive Brand Names Are the Best; Accelerate IP, Trademark Strength Spectrum. Practical experience from the naming process at Sinh Vũ Studio.
It's very difficult, but there are exceptions. If a name has been used continuously for long enough and widely enough that the public associates it with a specific business, the law refers to this as 'secondary meaning.' However, this path is long and costly. For new businesses, Sinh Vũ advises choosing a name that suggests meaning from the start to avoid having to prove this later.
Descriptive names state directly what you sell, for example, 'Fresh Fruit Juice'. Suggestive names require the listener to pause for a moment to understand their relation to the product, for example, 'Sunnyside' for a juice brand: it evokes bright images and energy but does not directly say it is juice. The key point: if customers understand immediately without thinking, it is descriptive; if they need to make a connection to understand, it is suggestive.