Concept of a Strong Trademark

by Madison Garcia

A trademark is a name, word, device or symbol used to distinguish goods and products. By registering a trademark, you notify the public of your claim to ownership of the symbol or name and gain the ability to bring a trademark action to court if someone else uses it. Unregistered trademarks may also be protected under common law or at the state level. You can use the trademark symbol "TM" or the service symbol "SM" to indicate your rights to an unregistered mark.

Why Trademarks Exist

The primary purpose of trademarks is to provide legal protection. Strong trademarks increase company brand recognition. They can influence individual purchasing decisions and signify a certain standard of quality. Trademark owners have exclusive rights to use the mark on the product it was meant to identify and any related products. If someone else uses your mark, you can file a lawsuit to protect it. If you record your trademark with U.S. Customs and Border Protection, you can also prevent foreign competitors from importing goods that bear your trademark.

What Makes a Trademark Strong

A distinct trademark is considered a strong trademark. The best trademarks are original, fanciful, unexpected and out of the ordinary. The unique shape of Nike's swoosh and the made-up word "Kodak" are examples of strong trademarks. Using an unexpected reference for your trademark can expand your legal trademark jurisdiction in your industry. For example, the Apple fruit trademark is an unexpected juxtaposition to computer and technological products. Because the trademark concept is unexpected and distinct , trademark law won't allow a competitor to use a trademark even remotely close to an apple. The stronger the trademark, the more legal protection it receives.

What Makes a Trademark Weak

Trademarks that simply describe the product generally can't be protected by trademark law. For example, a manufacturer can't gain legal protection to use the phrase "Granola and Honey" on a product that consists of granola and honey. Trademarks that invoke common or generic concepts and don't have strong public recognition generally receive less legal protection. Descriptive trademarks may be registered, but they are also considered weak. For instance, "World's Best Granola and Honey" may not receive strong legal protection.

What Makes Trademarks Different

Trademarks are invoked to identify products and services. Trademark owners must be the first to use their mark and must continuously use the trademark to maintain ownership of it. Trademarks are distinct from trade names and copyrights. Businesses can use a business or trade name for nonmarketing purposes, and individuals can use copyrights to protect original works of art or expression.

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