Expert Legal Guidance for Trademark Selection
The choice of a trademark can significantly influence the success or failure of a product or brand. Partnering with a knowledgeable legal team during this critical phase ensures your business is set up for long-term success.
At Cohn Legal, PLLC, we bring over 30 years of combined experience to assist clients in navigating trademark selection. We have worked with businesses and entrepreneurs in Massachusetts, New York, New Jersey, and internationally. Our mission is to help our clients select distinctive trademarks that position their brands for growth and success.
The Qualities of a Distinctive and Creative Trademark
Trademarks that are unique, imaginative, and innovative hold immense value. By opting for fanciful, arbitrary, or suggestive marks, businesses can secure robust trademark protection while also building strong, recognizable brands.
Fanciful Trademarks: The Pinnacle of Originality
Fanciful trademarks are created terms with no existing meaning in any dictionary. These marks are highly distinctive and serve as excellent source identifiers because consumers will associate the term solely with your brand. Examples of fanciful trademarks include:
- STARBUCKS
- SPOTIFY
- EXXON
- ROLEX
These marks are easier to protect legally since they are completely unique and less likely to face unauthorized use. Additionally, policing the marketplace for infringement becomes more straightforward because these terms originate solely from your imagination.
Arbitrary Trademarks: Uncommon Connections
Arbitrary trademarks utilize existing words in unrelated contexts, creating memorable and highly protectable brands. A classic example is APPLE for computers. The word “apple”, while familiar, has no inherent connection to technology or computers, making it a strong and distinctive trademark.
Arbitrary marks allow businesses to create appealing consumer associations while securing broad legal protection. The combination of familiarity and unrelated application often makes these trademarks stand out in competitive markets.
Suggestive Trademarks: Sparking Consumer Imagination
Suggestive trademarks hint at a product’s attributes without directly describing them. This requires consumers to use their imagination to connect the mark with the product or service. Examples of suggestive trademarks include:
- Q-TIPS for cotton swabs
- PHYSICIANS FORMULA for skincare products
These marks are attractive to entrepreneurs because they naturally lead consumers to understand the nature of the product or service. As a result, less effort may be required in marketing and advertising to establish the connection between the trademark and the brand.
The Evolution of Trademark Strategy
In recent years, leading global brands have increasingly leaned toward inventive and unique trademarks. Experience has shown that avoiding generic or overly descriptive terms strengthens brand identity and enhances long-term success.
While it is possible to build a strong brand using descriptive terms, this approach requires considerable investment in marketing and advertising. Over time, such efforts can establish “secondary meaning” in the minds of consumers, where the descriptive term becomes synonymous with your specific brand rather than its general meaning. However, this process can be costly and time-consuming.
Our legal team can guide you through efficient and cost-effective strategies to build a strong, distinctive brand. By focusing on inventive trademarks, we help ensure your business stands apart from competitors in a crowded marketplace.
Benefits of Distinctive Trademarks
- Stronger Legal Protection: Unique trademarks receive broader and more robust legal protection, making it easier to prevent unauthorized use.
- Brand Recognition: Inventive marks are easier for consumers to remember and associate with your business, fostering long-term loyalty.
- Reduced Litigation Risks: By choosing fanciful or arbitrary marks, businesses reduce the likelihood of trademark disputes and infringement claims.
- Cost Efficiency: Suggestive marks reduce the need for extensive marketing efforts, as they naturally convey a connection to the product or service.
Work With Experienced Trademark Attorneys
Choosing a trademark is a critical step in building a successful brand. At Cohn Legal, PLLC, our experienced team is dedicated to helping businesses select trademarks that align with their goals and provide lasting value.
Schedule a Consultation
If you’re ready to explore your options for selecting a distinctive trademark, we’re here to help. Contact one of our Trademark Lawyers for a complimentary initial consultation. Let us guide you in creating a trademark strategy that sets your business on a path to success.