What makes a strong trademark?

Trademark strength generally increases as a mark becomes more distinctive. Strong trademarks are often easier to protect because they are less likely to be confused with existing brands.

Examples of stronger trademarks include:

• Invented words
• Unrelated words used in unexpected ways
• Unique names and slogans

Descriptive or generic terms are generally weaker and may be more difficult to register or protect.

Trademark law places marks on a spectrum of distinctiveness. In general, the more unusual and brand-specific a mark is, the easier it is to distinguish from ordinary language and the stronger it may be as a source identifier. Fanciful, arbitrary, and suggestive marks are usually stronger than merely descriptive wording, while generic terms generally cannot function as trademarks for the goods or services they name.

The USPTO evaluates the mark as a whole and in relation to the specific goods or services listed in the application. A term that is weak or descriptive in one industry may have a different meaning in another, so eligibility is highly dependent on context.