Your trademark might be registered, but its true strength isn’t set in stone. Like a muscle, a trademark’s power can grow or weaken over time, depending on how you use and protect it. Let’s explore how your mark’s strength evolves in the real world of business.
How Strong Marks Can Weaken
Think of trademark strength as a living thing. When you first choose your mark, it might fall anywhere on the spectrum from fanciful (think “KODAK” or “XEROX”) to descriptive (like “American Airlines”). But here’s the fascinating part – that initial categorization isn’t permanent.
Take “XEROX” as a cautionary tale. Once an incredibly strong, fanciful trademark, it risked becoming generic because people started using it as a verb (“xeroxing” documents). The company had to work hard to prevent their mark from falling victim to its own success through aggressive trademark enforcement and public education campaigns.
Building Strength Over Time
On the flip side, some initially weak marks have grown remarkably strong through careful nurturing. Consider “STAPLES” for a store that sells staples and other office supplies computers – while it started as a descriptive mark, it has become a very powerful trademarks through consistent branding, protection, and market presence.
Three Pillars of Trademark Strength
The key to maintaining and building trademark strength lies in three critical areas:
1. Consistent Usage
Use your mark as an adjective, not a noun or verb. Use it to modify the descriptive name of the product or service. It’s not just “a Kleenex,” but “a Kleenex tissue.” This subtle distinction helps prevent genericide – the death of a trademark through common use.
2. Active Policing
Monitor the marketplace for potential infringement and take appropriate action when necessary. This doesn’t mean you need to sue everyone who comes close to your mark, but you should document and address potential infringement systematically.
3. Proper Marking
Use ® for registered marks or ™ for unregistered marks. This serves both as a public notice of your rights and demonstrates your active protection of the mark.
The Bottom Line
Remember, trademark strength isn’t just about legal classification – it’s about how effectively your mark serves as a source identifier in the marketplace. The stronger your trademark becomes, the broader protection it receives, making it easier to defend against potential infringers.
Ready to Build a Trademark That Stands the Test of Time?
Your brand’s identity is more than just a logo or name – it’s your unique story. Let us help you create a trademark that truly sets you apart and withstands the challenges of the marketplace. Schedule a free Discovery Call today, and together, we’ll build a mark that grows with your business.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.
