If you are thinking of launching a new product or service or rebranding an existing one, you need to create a strong trademark that will stand out from the crowd and protect your brand identity. Not all trademarks are created equal; some are simply stronger than others. A strong trademark is one that is highly distinctive, memorable, and easy to enforce against infringers. Knowing how to create and promote a strong trademark is critical in today’s business world. Unfortunately, many business owners do not understand the concept of trademark strength. That concept is precisely what we will explore in this article, so read on to learn how to create memorable trademarks that will take your brand to the top of your industry.
What is Trademark Strength and Why Does it Matter?
Trademark strength refers to the degree of distinctiveness and recognition that a mark has in relation to the goods or services it represents. The stronger a mark is, the more likely it is to be eligible for registration with the United States Patent and Trademark Office (USPTO), and the more likely it is to prevail in a trademark infringement lawsuit.
The strength of a mark also affects its scope of protection. A strong mark can prevent others from using not only identical or confusingly similar marks but also marks that are merely related or suggestive of the original mark. A weak mark, on the other hand, may only be able to stop others from using identical marks for identical goods or services.
However, the most important benefit of having strong trademarks is that, because they are unique and distinctive, they make your business unique and distinctive. In today’s business world, brand recognition is more important than it has ever been. Having a great product is simply not enough. Consumers need to know that you have a great product, and they need to be able to identify it by just looking at its logo or hearing its name or slogan.
The Trademark Strength Spectrum
Trademarks can be classified into four main categories based on their level of distinctiveness: fanciful, arbitrary, suggestive, and descriptive. These categories form a trademark strength spectrum, ranging from the strongest to the weakest.
- Fanciful Marks
Fanciful marks are invented words that have no meaning other than as trademarks. They are the strongest marks because they are inherently distinctive and unique. Examples of fanciful marks are EXXON for petroleum products, PEPSI for soft drinks, and GOOGLE for online services. Fanciful marks require more effort and investment in advertising and marketing to educate consumers about their association with the goods or services they represent; however, they also enjoy the broadest scope of protection against third-party use.
- Arbitrary Marks
Arbitrary marks are common words that have a meaning in the language, yet that meaning has no relation to the goods or services they identify. They are also very strong marks because they are inherently distinctive and unexpected. Examples of arbitrary marks are APPLE for computers, DOVE for chocolate or soap, and AMAZON for online retail services. Arbitrary marks also require some education of consumers about their connection with the goods or services they represent but benefit from a wide scope of protection against infringement.
- Suggestive Marks
Suggestive marks are words that hint at or suggest some quality, characteristic, feature, or function of the goods or services they identify, without directly describing them. They are considered strong marks because they have some inherent distinctiveness and appeal; however, they also require some imagination or inference from consumers to understand their meaning. Examples of suggestive marks are AIRBUS for airplanes and COPPERTONE for sun-tanning products. Suggestive marks are generally eligible for registration and protection, but they may face more challenges from competitors who use similar or related marks.
- Descriptive Marks
Descriptive marks are words that describe some aspect, attribute, ingredient, purpose, or use of the goods or services they identify. They are considered weak marks because they lack inherent distinctiveness and originality. Examples of descriptive marks are CREAMY for yogurt and BED & BREAKFAST REGISTRY for lodging reservation services. Descriptive marks are not registrable or protectable unless they acquire secondary meaning through extensive and exclusive use in commerce over a long period of time. Secondary meaning means that consumers have come to recognize the mark as a source identifier rather than a mere description. However, even if descriptive marks acquire secondary meaning, they still have a narrow scope of protection and may have to coexist with other similar marks.
How to Create a Strong Trademark
Now that you know the different types of trademarks and their relative strength, you may be wondering how you can create a strong trademark for your own product or service. Here are some tips to help you:
- Avoid generic terms. Generic terms are words that name the category or class of goods or services they identify. They are not even trademarks because they do not indicate source or origin. They are common to everyone and cannot be registered or protected at all. Examples of generic terms are COMPUTER for computers, CHOCOLATE for chocolate products, and LAW FIRM for legal services.
- Avoid descriptive terms. As explained above, descriptive terms are weak marks that may not be registrable or protectable unless they acquire secondary meaning. They also face more competition and confusion from other similar marks. If you want to use a descriptive term, try to combine it with another distinctive element, such as a logo, a slogan, or a fanciful or arbitrary term.
- Choose suggestive, arbitrary, or fanciful terms. These are the strongest types of marks because they are inherently distinctive and memorable, which makes them more valuable and easier to protect. Although they may require more creativity and investment to create and promote, they will pay off in the long run.
- Conduct a trademark search. Before you settle on a mark, you should conduct a comprehensive trademark search to make sure that your mark is not already in use or registered by someone else for similar or related goods or services. You can use online databases, such as the USPTO’s Trademark Electronic Search System (TESS), to search for existing federal trademark registrations and applications. You should also search for state trademark registrations, common law trademarks, domain names, social media handles, and any other sources that may indicate prior use of your mark or a similar mark by someone else. This will help you avoid potential conflicts and disputes with other trademark owners.
- Register your mark. Once you have chosen a strong mark and cleared it through a trademark search, you should register it with the USPTO to obtain federal trademark protection, which gives you several benefits, such as nationwide priority, presumption of validity and ownership, the exclusive right to use the mark for your goods or services, the right to sue infringers in federal court, the right to use the ® symbol, and the right to record your mark with the U.S. Customs and Border Protection to prevent the importation of counterfeit goods.
Jurado & Associates, P.A. Can Help You Protect Your Brand
Creating a strong trademark is not an easy task. It requires creativity, research, strategy, and legal expertise. That is why you need the help of professional trademark attorneys who can guide you through the process and protect your rights.
At Jurado & Associates, P.A., we are committed to providing you with personalized attention and quality service. If you are ready to take your brand to the next level, contact us today by phone at (305) 921-0976, or by email at [email protected].
