Have you ever wondered why some brand names are instantly recognizable while others fade into the background? It all comes down to trademark strength. Let’s explore this concept together and see how it can make or break your brand.

The Trademark Strength Spectrum

Trademarks fall on a spectrum of strength, ranging from the weakest to the strongest. Understanding where your brand name fits can help you protect it better and make it more memorable to customers. Let’s dive into a basic overview:

Generic: The Baseline

These are everyday words used to describe a product or service. For example, you can’t trademark “Milk” for a dairy product. It’s just too basic and doesn’t distinguish your brand from others. You cannot register a generic trademark.

Descriptive: A Step Up

These directly describe a quality or feature of your product. “Creamy” for a yogurt brand or “Swift” for a courier service fall into this category. They’re a bit better than generic terms but still quite weak and can only be registered on the Supplemental Register.

Suggestive: Getting Creative

Now we’re talking. These names require a bit of imagination to connect to the product. “Coppertone” for sunscreen subtly suggests the tan you might get. “Greyhound” for bus services hints at speed and sleekness.

Arbitrary: The Unexpected Turn

This is where things get interesting. Take a common word and use it in an unrelated context. “Apple” for computers or “Amazon” for an online marketplace are perfect examples. They’re strong because they’re unexpected in their industries.

Fanciful: The Powerhouse

These are invented words with no previous meaning. Think “Kodak,” “Xerox,” or “Google.” They’re the strongest type of trademark because they’re entirely unique to your brand.

Why Strength Matters

The stronger your trademark, the easier it is to protect. A unique, strong trademark can:

1. Stand out in a crowded market

2. Be easier to defend against copycats

3. Become a valuable business asset

Real-World Application

Let’s say you’re starting a coffee shop. Here’s how different name choices would fall on the spectrum:

• Generic: “Coffee Shop” (not protectable)
• Descriptive: “Hot Brews” (weak protection)
• Suggestive: “Daily Grind” (moderate protection)
• Arbitrary: “Elephant” (strong protection)
• Fanciful: “Zorax” (strongest protection)

While “Zorax Coffee” would get the strongest legal protection, “Daily Grind” might be more effective in communicating what you do. It’s about discovering the right balance for your business.

Finding Your Sweet Spot

Choosing a trademark is a crucial decision. While the strongest marks offer the best protection, they might require more marketing to explain what you do. On the flip side, descriptive marks are easier to market but harder to protect.

Need help finding that perfect balance? We’re here to guide you through the process. Give us a call at 888-666-0062 or schedule your Initial Discovery & Strategy Session online. Let’s work together to create a trademark that’s both strong and meaningful for your brand.

DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.