A strong trademark is a cornerstone of a successful brand. It’s more than just a name or logo; it’s an essential asset that distinguishes your goods or services from those of competitors. However, not all trademarks are created equal. When considering a trademark application, it’s crucial to understand why descriptiveness and genericness can weaken your mark and how to avoid these pitfalls.
Understanding Descriptive and Generic Marks
Descriptive Marks: These are trademarks that directly describe a characteristic or quality of the goods or services. For example, “Quick Car Wash” for a car washing service is too descriptive, and not a good trademark. Descriptive trademarks are not inherently distinctive and are typically weak because they do not easily distinguish one source from another. For a trademark to be strong, it needs to be suggestive, arbitrary, or fanciful. Fanciful and arbitrary marks are typically the strongest trademarks.
Generic Marks: These are even more problematic. A generic term refers to the general category of the products or services and cannot function as a trademark. For instance, you can’t trademark the term “computer store” for selling computers, or “auto repair shop” for an auto repair service shop. Generic marks offer no brand protection and cannot be registered as trademarks. If you apply for these trademarks they will be rejected.
Examples of Strong Trademarks:
Google and Uber are prime examples of strong trademarks.
- Google: The term “Google” is a fanciful mark, meaning it is a coined term with no prior meaning. This makes it highly distinctive and strong, offering broad protection.
- Uber: The term “Uber” is an arbitrary mark when used for transportation services. Though “uber” is a real word, its meaning is unrelated to the services provided, making it distinctive and memorable.
Tips for a Strong Trademark:
1. Be Unique: Choose a name that is unique and not very descriptive of your product or service. Suggestive is different.
2. Be Distinctive: Opt for suggestive, arbitrary, or fanciful marks. These are inherently distinctive and stronger in terms of legal protection.
3. Avoid Common Terms: Stay away from generic terms that are commonly used to describe your product or service category.
Consult a Trademark Lawyer:
A trademark lawyer can provide invaluable guidance through the trademark application process, ensuring your mark is strong and protectable. They can help navigate the complexities of trademark law, from the initial search to the final registration. Feel free to contact Joseph Legal PLLC for more information regarding trademark law.