Strong Trademark

Importance of a Strong Trademark

A strong trademark is crucial for effectively identifying the source of your goods or services. The stronger your trademark, the easier it is to prevent others from using it without your permission. Weak trademarks can be difficult and costly to defend, as they don't have the same legal protections as stronger trademarks.

Acceptable trademarks:

Suggestive: These trademarks suggest a quality or characteristic of the goods or services but do not directly describe them. For example, "Coppertone" for sun-tanning products.

Arbitrary: These are actual words that have no inherent connection to the underlying goods or services. For example, "Apple" for computers.

Fanciful: These are invented words that only have meaning about the goods or services. For example, "Exxon" for petroleum or "Pepsi" for soft drinks.

Unacceptable trademarks:

Descriptive: These trademarks merely describe an aspect of the goods or services without identifying the source. They are only registrable in certain circumstances, such as gaining distinctiveness through extensive use over time. Examples include "Creamy" for yogurt or "Bed & Breakfast Registry" for lodging reservation services.

Generic: These are the common, everyday names for the goods or services and do not indicate the source. As such, they cannot function as trademarks and are not federally registrable. Examples include "Bicycle" for bicycles or "Bagel Shop" for a bagel shop.

The Difference Between Descriptive and Suggestive Trademarks

The main distinction between descriptive and suggestive trademarks is how directly they convey information about the goods or services.

Descriptive trademarks immediately give an idea of what the goods or services are, while suggestive trademarks only allude to the goods or services. For example, "Bronzer" for suntan oil would be a descriptive trademark, while "Coppertone" is a suggestive, registered trademark for sun-tanning products.

Considerations for Selecting a Trademark

When choosing a trademark, you should consider the following factors:

Remembrance, Pronunciation, and Spelling:

Can the public easily remember, pronounce, and spell your trademark?

International Implications:

If you plan to market your goods or services outside the United States under the same trademark, consider whether the trademark has a different meaning or connotation when translated into a foreign language, especially if the translated word could be considered offensive.

Protecting Your Trademark

The stronger your trademark, the more easily you can prevent others from using it without your permission. Strong trademarks, such as suggestive, arbitrary, and fanciful marks, have the highest level of legal protection.

Weak trademarks, like descriptive and generic marks, are more challenging and costly to defend because they don't have the same inherent distinctiveness and legal protections as stronger trademarks.