Is Your Trademark Strong Enough? What Business Owners Need to Know
Written by JLG - February 27, 2025
Trademarks are a critical asset for any business. They distinguish your brand from competitors and help build long-term recognition. However, not all trademarks offer the same level of protection. A weak trademark can leave your brand vulnerable to legal challenges, while a strong one can provide lasting security.
What Makes a Trademark Strong?
The strength of a trademark depends on its distinctiveness. The more unique it is, the easier it is to protect. Trademarks fall into five categories, ranging from the strongest to the weakest:
1. Fanciful Trademarks (Strongest)
These are made-up words that have no meaning outside the brand, such as Kodak or Xerox. Because they are entirely unique, they offer the highest level of protection.
2. Arbitrary Trademarks
These are real words used in a way that has no connection to their standard meaning. Apple for computers is a good example. Arbitrary marks are also highly protectable because they are distinctive in their industry.
3. Suggestive Trademarks
These hint at the nature of a product or service without directly describing it. For example, Netflix suggests movies and the internet but does not state it outright. These trademarks are still strong, but they require more legal argument if challenged.
4. Descriptive Trademarks (Weakest Unless Acquired Distinctiveness)
Descriptive trademarks directly describe a feature, quality, or characteristic of the product. Best Buy for an electronics store is one example. These marks are generally not protectable unless they gain “secondary meaning” through long-term and widespread use.
5. Generic Terms (Not Protectable)
Generic terms are common words for a type of product or service, like “Laptop” for computers or “Coffee” for a café. These cannot be trademarked because they must remain available for all businesses to use.
How to Strengthen Your Trademark
If your trademark falls into the weaker categories, there are ways to improve its strength:
- Choose a more distinctive name before filing for registration.
- Avoid descriptive words that competitors might also use.
- Use and promote your mark consistently to build recognition.
- Register your trademark with the United States Patent and Trademark Office (USPTO) for stronger legal protection.
Why a Strong Trademark Matters
A strong trademark makes it easier to enforce your rights, preventing competitors from using similar names. It also enhances brand value and helps avoid costly legal disputes. If you are unsure about the strength of your trademark, consulting with an experienced trademark attorney can help you make the best decision for your business.
Need Help Protecting Your Trademark?
Choosing the right trademark is one of the most important steps in securing your brand. If you need guidance on selecting or protecting a trademark, our firm offers free consultations. Contact us today to discuss your options.