Scale of Trade-Mark Strength – How to choose a strong trade-mark

Just got back from a terrific week-long trademark course put on by IPIC and McGill.  I liked the way they laid out the relative scale of strength answering the burning question on every marketer’s mind – How do I choose a strong trademark?

• COINED – Very Strong /Valuable
• Invented words – XEROX, KODAK, GOOGLE
• ARBITRARY – Strong/ Valuable
• Words/images without connection to THE wares or services, – APPLE, BLACKBERRY
• SUGGESTIVE – Medium/Good Value
• Words/images that allude to the wares or services but do not describe them – GREYHOUND, JAGUAR
• DESCRIPTIVE – Weak/ Low Value
• Words/images that refer to the character or quality of the wares or services, or an ingredient or aspect of them – COLD BEER, SPEEDY COURIER
• GENERIC – Worthless
• Words/images that are names of the goods or services in any language – CAFÉ, ESCALATOR, CRUISES

The mark you choose should be strong, not just for registration purposes, but for the purposes of value and enforcement.  Even a registered mark, if descriptive or generic, may not be sufficient to prevent others from using the mark in association with those services.

The most valuable marks in the world reside on the upper end of the scale.  Initially, you may be tempted to use a descriptive mark to telegraph to your clients what your services are.  However, money spent marketing for a mark that is not unique and protectable, is money thrown down the drain.  Goodwill you build in your mark will be lost.  It is best to use a creative suggestive, arbitrary or coined mark.