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    Strategy

    Trademark Strength

    Why some trademarks are stronger than others and what makes a mark protectable.

    The Trademark Strength Spectrum

    Trademarks are classified on a spectrum of distinctiveness. The more distinctive your mark, the stronger your legal protection. Understanding where your mark falls on this spectrum is crucial for brand strategy.

    Fanciful

    Strongest

    Invented words with no dictionary meaning

    XEROXKODAKEXXON

    Arbitrary

    Strong

    Real words used in unrelated contexts

    APPLE (computers)AMAZON (retail)SHELL (gas)

    Suggestive

    Moderate

    Words that hint at qualities but require imagination

    COPPERTONE (suntan lotion)GREYHOUND (bus transportation services)

    Descriptive

    Weak

    Words that describe the product or service directly

    SHARP (televisions)SPRAY N WASH (stain remover)AMERICAN AIRLINES

    Generic

    Unprotectable

    Common names for products or services

    ComputerGrocery StoreHamburger

    Do Choose

    • • Invented/made-up words
    • • Unexpected word combinations
    • • Words unrelated to your industry
    • • Suggestive marks that require imagination

    Avoid

    • • Words that describe your product
    • • Geographic terms
    • • Surnames (without secondary meaning)
    • • Generic industry terms

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