Trademark Registration and Enforcement

Trademarks fall on a spectrum. Some marks are strong while others are weak. On the highest end of the spectrum are what are called fanciful marks. These are the strongest marks because they are invented words with no other meaning than to serve as a trademark, like EXXON.

The next strongest marks are arbitrary marks. Arbitrary marks are ordinary words that have no relation to the good or services the mark represents, like APPLE for computers.

In the middle of the spectrum, are suggestive marks. Suggestive marks suggest in the mind of the consumer what the goods or services might be, like IGLOO coolers.

At the lower end of the spectrum is a descriptive mark. Descriptive marks describe the goods and services, like THE BICYCLE SHOP. Descriptive marks are very weak because competitors are entitled to use descriptive words to describe their own goods and services. Descriptive marks, however, may be registrable by showing (through extensive advertising and marketing) that the mark has acquired secondary meaning in the minds of consumers. In other words, the mark immediately tells the consumer the source of the goods and services, like SHARP for televisions.

The weakest type of mark is a generic mark, which cannot be protected under trademark law. Generic marks are common terms for entire classes of goods and services, like the word “tires” for a tire business.

Because it is important to select a strong mark for your business, you should contact an attorney before choosing a business or product name. We can advise you on the strength of your mark as well as run a clearance search to determine if any other business is using the same or similar mark.