Creative trademarks are strongest

| Nov 6, 2019 | Trademark Law

If you try to trademark a business or product name, your trademark can be either strong or weak. Since you want the strongest mark possible, it’s important to consider what factors play into this.

One of the main issues is creativity. You do not want to do anything generic. In some cases, words or phrases that are too common or generic are unable to be trademarked at all — though disputes do arise when all parties do not agree on just how generic a word is or whether or not it should be allowed protection.

With creative names, though, it’s easier to claim that it’s an original idea and that it relates specifically to your company or product. Often, “suggestive” names are the strongest ones of all. They are creative and they indirectly convey something important to your company. They may relate specifically to your branding or what you offer in a unique way.

For instance, a deli trying to trademark the word “sandwich” will find that they cannot, as it is a generic word used to refer to a food type to which they have no claim. However, if they pick a name that relates to how fresh their sandwiches are, what type of sandwiches they make, or some other unique factor that sets their deli apart from the competition, that’s when they can get trademark protection.

As you can imagine, it is very important not only to know when you can get legal protection but also to understand what options you have when you think another company infringes on your brand.