by Traverse Legal, reviewed by Enrico Schaefer - May 14, 2007 - Uncategorized
The strongest trademarks set themselves apart from others and leave the consumer with no doubt of the source of the product or service. These "strong" marks are distinctive enough to differentiate the product from the similar products of competitors, but can also withstand a judge’s oversight enough to be widely protected from third party use.
What makes a strong trademark?
A strong mark can be usually described as either "arbitrary" or "fanciful". An arbitrary mark consists of common words with little or no relation to the product or service. A fanciful mark is imaginative and coined. For example, the trademark Apple has no relation to the computers that it marks – making it an arbitrary title that consumers associate with a wide amount of products, but a single company. In other words, arbitrary marks are names or elements with significance in certain contexts but no immediate significance with respect to the relevant goods or services.
An example of a fanciful mark could be Xerox which is a word created solely to act as a trademark. These are the strongest types of marks because it is rarely possible for competitors to adopt the same trademark, as it is an invented word.
In addition to arbitrary and fanciful trademarks are "suggestive marks" which while not a strong as the formers, are still generally protectable. Suggestive marks might hint at a quality or character of the product, but do not actually describe the product. An example would be Greyhound a term which alludes to the fast nature of the service provided.
The nature of brands and marks are such that there can be very strong marks, and terribly weak marks. The best way to gauge the nature of your mark is with the aid of legal counsel, because it is with the help of an attorney that you can assess the ability to protect your mark against third party use. With the help of a trademark attorney, you can ensure that your mark is protectable and high in "mark strength".
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
