What Makes a Good Trademark? The Trademark Spectrum of Distinctiveness
This blog is a part of my Ultimate Guide to Trademarks. Check it out for more info!
The Container Store. Kentucky Fried Chicken. Starbucks. Apple. So many trademarks, so many nuances.
The Container Store tells consumers exactly what types of goods are sold within their stores. Apple, on the other hand, had to create an association between their mark and their products.
Which marks are stronger and more powerful? Do you want consumers to know exactly what you are selling, or do you want to be more unique with your name and brnding?
When it comes to owning a business, the importance of a strong, distinctive trademark can’t be overstated. It’s not just about having a catchy name or a memorable logo – it’s about owning an identity that clearly differentiates your brand from the rest. However, not all trademarks are created equal. So, what distinguishes a powerful trademark from a weak one?
The Trademark Spectrum of Distinctiveness
If you are starting a new company, you must have a solid understanding of the trademark spectrum of distinctiveness to help you select a dynamic mark. After all, your mark will become your business’s unique identity, identifying your goods and services to the world. You want this mark to be bold, prominent, and unique. This is how you become recognizable in a crowded marketplace.
This trademark spectrum categorizes marks based on their distinctiveness, ranging from generic to fanciful:
Generic Marks
This is the most basic level of trademarks. Consider the mark “cookies” for a brand selling cookies. It’s so elementary that it can’t be trademarked. Why? Because it would be unfair to prevent other cookie sellers from using the term “cookies” to sell their own products! These marks are afforded the weakest level of protection.
Descriptive Marks
As the name suggests, these marks describe some aspect of the product or service. For example, consider “Gluten Free Cookies” for a gluten-free cookie store (and yes, I’m a cookie fiend, if you couldn’t tell!). These marks might be self-explanatory, but they also lack distinctiveness, making them weak candidates for trademark protection.
Suggestive Marks
Suggestive trademarks hint at the product or service without directly describing them, requiring a small mental leap from the name to the associated goods or services. Think of “Coppertone” for suntan lotion – the term evokes the image of tan skin. Another example is “Netflix” – a combination of “net” (implying the internet) and “flicks” (slang for movies). It’s not outright descriptive, and instead gives an inkling of the services provided.
Arbitrary/Fanciful Marks
These trademarks offer the highest level of protection. They are either completely made-up terms (fanciful) or real words having no connection to the product or service they represent (arbitrary). “Kodak,” for instance, is a made-up term but has become synonymous with cameras and film over time. On the other hand, “Apple” for computers is arbitrary because, logically, apples and computers have no connection. These trademarks are the most distinctive and powerful in their protection.
Striking the Right Balance
While it may seem tempting to choose a descriptive name – after all, it clearly communicates what you’re offering – it’s not always the best choice from a trademark perspective. For instance, for SEO purposes (and back to our cookie examples!), a cookie store might want “cookie store” in its domain name to rank higher on search engines. However, the mark “cookie store” is descriptive, potentially weakening its trademark strength. Not only would it be challenging to prevent someone else from using the mark “cookie store” for an actual cookie store, but it doesn’t make for a memorable brand name, either! When it comes to your new business, the more memorable you are, the more market share you’ll earn.
How to Choose a Good Trademark
When selecting a trademark, aim for distinctiveness. While “Hot Delicious Cookies” may accurately describe the cookies you’re selling, it doesn’t stand out in a crowded marketplace. Moreover, preventing competitors from using such a descriptive term to sell their equally hot and delicious cookies becomes challenging.
While the world of trademarks can seem intricate, always remember the golden rule: prioritize distinctiveness. Whether you’re brainstorming a new brand name or considering a rebrand, ensure your choice of trademarks will stand out with a unique and memorable identity. This will set you apart in the marketplace and give you stronger protection in the courtroom.
