If you are just starting your business or are thinking of launching a new brand, you should consider the following features of strong & weak trademarks when creating and selecting your trademark. It is easier to obtain trademark registration for strong trademarks than weak trademarks.

Strong trademarks

Coined marks

The strongest trademarks are those that are “coined” (e.g. invented) words. These would be words that do not have any inherent meaning on their own. For example, KODAK® and XEROX® would be examples of strong trademarks as they are coined words and do not provide any suggestion of the type of product or service the business provides under these names.

Arbitrary marks

Another example of strong trademarks are “arbitrary” trademarks like APPLE®. Although the word “apple” has a common meaning (e.g. the fruit), it does not describe, suggest or have any relationship to the products sold under the trademark APPLE® (e.g. computers, tablets, phones etc.).

Moderate Trademarks

Suggestive marks

The next level down in terms of strength are trademarks that are suggestive of the product or service that is sold under the name. For example MICROSOFT® is considered a suggestive trademark as it has an association to the products “e.g. microcomputer software” but does not describe outright the products and/or services sold under the trademark.

Weak trademarks

Weak trademarks are generally those that are descriptive of the goods or services sold, are a geographic name and/or a personal name.

Trademarks are a Valuable Asset

Creating & selecting a trademark is an important step for any business. Keeping these features of strong and weak marks in mind will help you develop a strong trademark that will be a valuable asset for your business.

Next Steps

Secure & protect your trademark assets and the investment in your brand by registering your trademark to receive exclusive rights in the trademark across Canada.

Contact Sander Law to register your trademarks today!

The above content is for informational purposes only and is not legal or professional advice.