The strength of a trademark refers to its ability to distinguish a company’s products or services from those of others and to protect the company’s brand. There are several factors that contribute to the strength of a trademark, including its distinctiveness, the type of mark, and the level of use and recognition.
One of the most important factors in the strength of a trademark is its distinctiveness, or how unique and memorable it is. Trademarks that are highly distinctive, such as made-up words or invented symbols, are typically stronger than those that are descriptive or generic. For example, “Kleenex” is a strong trademark because it is a coined term that is not descriptive of the product (tissues). In contrast, “Paper Towels” is a weak trademark because it is a generic term that describes the product.
The type of mark also plays a role in the strength of a trademark. Trademarks can be classified as either “fanciful,” “arbitrary,” “suggestive,” “descriptive,” or “generic.” Fanciful and arbitrary marks, such as “Kleenex” and “Apple,” are the strongest because they have no meaning outside of the context of the product or service. Suggestive marks, which suggest a characteristic or quality of the product or service, are also strong because they require some imagination to connect to the product or service. Descriptive marks, which describe a characteristic or quality of the product or service, are weaker because they are less distinctive. Generic marks, which are the common name for a product or service, are the weakest because they cannot be trademarked at all.
The level of use and recognition of a trademark is also important in determining its strength. A trademark that is widely used and recognized is generally stronger than one that is not. This is because the more a trademark is used and recognized, the more it becomes associated with a particular company and the stronger its reputation becomes.
In summary, the strength of a trademark is determined by a combination of its distinctiveness, the type of mark, and the level of use and recognition. Strong trademarks are more effective in distinguishing a company’s products or services from those of others and in protecting the company’s brand.