Trademarks are not created equal. There are different types of trademarks, and some are more effective and easier to protect than others.
The best trademarks are distinctive and memorable. They are strong because they excel at reflecting brands, making them more effective and easier to protect from copycats.
Some trademarks, however, are weak because they only describe aspects of products or services. Others are legally unprotect-able, meaning anyone can use them.
Knowing which kinds of trademarks are strong is important. Here’s what you need to know to figure out what type of trademark you have:
What is a Trademark?
A trademark is an exclusive right to use your name or logo, meaning you’re the only one who can use it for your brand.
If you don’t trademark your name, then anyone can use it. You won’t be able to stop them.
Also, only one company can own a brand. Typically, it’s whoever trademarks it first.
If someone else trademarks your name first, they’ll own the exclusive right to use it nationally. You’ll likely have to rebrand or file an expensive lawsuit.
Four Types of Trademarks
Trademarks are not created equal. Some are much easier to register than others.
Fanciful Marks
Fanciful trademarks have no dictionary meaning. They are invented for the sole purpose of branding a product or service. Examples of coined marks are PEPSI®, KODAK®, and PYREX®
These are considered to be the most distinctive type of mark and are entitled to the most protection by courts and the USPTO.
Arbitrary Marks
Arbitrary trademarks have a dictionary meaning, but that meaning is not related to the product or service being branded. Examples of arbitrary marks are APPLE® and AMAZON®, both of which can be found in a dictionary but have no meaning for computers and Internet stores, respectively.
These are considered to be a very distinctive type of mark and are entitled to broad protection by the courts and the USPTO.
Suggestive Marks
Suggestive trademarks allude to a quality of a product or service being branded but require some imagination, thought, or perception to make that connection. So, they require creative thinking to connect them to the goods or services that they brand.
Examples of suggestive marks are JAGUAR® and GREYHOUND®, which suggest features of fast cars and a bus line, respectively.
These are considered to be a distinctive type of mark that is entitled to protection by the courts and the USPTO.
Descriptive Marks and Geographic Marks
These marks directly describe the goods or services being branded or the location where they are offered. An example of a descriptive mark is DIGITAL for computers. An example of a geographic mark is NEW YORK TRAVEL MAGAZINE.
Descriptive marks are only entitled to protection if the owner can show that consumers recognize them as a brand.
A Final Warning About Generic Terms
These words describe the category of the product or service being branded. Examples of generic words are SMARTPHONE, SOCIAL NETWORK, and DOG FOOD.
Always try to avoid generic words because they can never function as trademarks and are not legally protectable.
We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your company name, book a free brand protection strategy session with us here.
For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).