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J.J. Lee, Trademark Attorney

💪How Do I Choose a Strong Trademark?

Published 8 months ago • 2 min read

Sept 9, 2024

Hello Reader,

Trademark Registration is easier with a strong Trademark.

How do I choose a strong trademark?

Are you worried that customers won't know the goods/services you are providing? You can always add a tagline to explain and not compromise a strong Trademark.

Here are the three things to look at:

1. Select a unique and distinctive name, logo, or symbol.

Why this matters: Stronger the trademark, the more likely it will get registered and easier to protect and enforce. There is a spectrum from strong to weak Trademarks with the strongest being fanciful/arbitrary to the weakest being generic:

​CLICK HERE for the USPTO's description of Strong Trademarks​

Here are couple of examples of strong Trademarks from the USPTO's website:

  • Fanciful trademarks are invented words. They only have meaning in relation to their goods or services. For example, ExxonÂŽ for petroleum or PepsiÂŽ for soft drinks.
  • Arbitrary trademarks are actual words that have no association with the underlying goods or services. Think of the term “apple.” If an apple orchard tried to register the word “apple” as a trademark for the type of apples they grow, that trademark wouldn’t be registerable. But, AppleÂŽ has been registered as a trademark for computers. AppleÂŽ for computers is unique.
  • Suggestive trademarks are words that suggest some quality of the goods or services, but don’t state that quality of the goods or services outright. Consider CoppertoneÂŽ for sun-tanning products. The trademark gives the impression that using CoppertoneÂŽ suntan oil will make your skin shimmer like copper.

2. Avoid generic or descriptive terms that may be difficult to protect.

Why this matters: Generic Trademarks are not registerable. Descriptive Trademarks can be registered on the Supplemental Registry instead of the preferred Principal Registry. Descriptive/Generic trademarks are also harder to enforce because the trademark itself may be used to describe the services or goods.

Examples of descriptive trademarks:

  • “Creamy” for yogurt
  • “Apple pie” for potpourri
  • “Bed & breakfast registry” for lodging reservations services

Examples of Generic Trademarks:

  • “Bicycle” for bicycles
  • “Bagel shop” for a bagel shop
  • “E-ticket” for computerized reservation and ticketing of transportation services
Note that if a rock band was named "Bagel Shop" it would NOT be generic because it that is not a common band name.

3. Consider the long-term branding potential and future expansions.

Why this matters: Weak trademarks have a harder time with enforcement and the value of the brand will diminish the more descriptive it is. Strong Trademarks are distinctive and stand out in a crowded market and distinguishes itself from its competitors.

Ask yourself:

  • Have I thought about what my business and Trademark will look like 10 - 20 years from now?
  • Is my brand significantly distinctive from others in the same market? Or can someone else use a similar word/phrase to describe their services/goods?
  • Can someone guess the goods and/or services that is offered from the Trademark alone?

If you would like help with strong Trademark brands, schedule your free strategy session with me today.

Keep Your Brand Safe and Protected,​
​

J.J. Lee and the Trademark Lawyer Law Firm Team!

PS. Schedule Your Strategy Session TODAY before they are all booked!

​trademarklawyerfirm.com​
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J.J. Lee, Trademark Attorney

Protecting your Brand and Trademark Since 2007 and over 7,000 Trademark Registrations.

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