When you are building a brand, a strong trademark is one of the most valuable legal tools in your arsenal. But what defines a “strong” trademark? Why do some marks receive swift approval and legal protection while others face rejection or enforcement challenges?

In this guide, we will explore how the strength of a trademark is measured, break down the different categories (with a focus on fanciful, arbitrary, and suggestive marks), and explain how to strategically choose a name that builds lasting brand equity and legal protection.

What Is a Trademark and Why Does Strength Matter

A trademark is a name, logo, symbol, or phrase used to identify your product or service in the marketplace. It’s not just a label—it’s legal proof of your brand identity and a business asset that can gain value over time. But to be truly valuable, a trademark needs to be distinctive.

The more distinctive a trademark is, the easier it is to register and defend legally. Distinctiveness is what separates a strong trademark from a weak one.

The Trademark Strength Scale

The USPTO ranks trademarks on a scale from strong to weak:

1. Fanciful – Made-up terms (e.g., Google, Exxon)
2. Arbitrary – Real words unrelated to the product (e.g., Apple for computers)
3. Suggestive – Hints at the product’s qualities (e.g., Netflix)
4. Descriptive – Directly describes the product or service
5. Generic – Common names, not registrable

Let’s explore the top three categories that form the core of a strong trademark strategy.

1. Fanciful Trademarks

Definition: A fanciful mark is a completely invented term, created specifically to serve as a brand name.

Examples:

• Kodak (photography)
• Pepsi (beverages)
• Zillow (real estate)

Pros:

• Inherently distinctive
• Strongest form of trademark
• Easier to protect and enforce

Cons:

• Requires significant marketing to gain recognition

Legal Insight: Fanciful marks have the highest level of legal protection and are often favored by companies planning a national or global scale from day one.

2. Arbitrary Trademarks

Definition: Arbitrary marks use actual words that have no logical relationship to the product or service they represent.

Examples:

• Amazon (e-commerce)
• Apple (electronics)
• Gap (apparel)

Pros:

• Also inherently distinctive
• Memorable and simple to market
• High level of trademark protection
  

Cons:

• May create consumer confusion at launch without context
  

Legal Insight: These marks work well when you’re willing to educate the market on your product but want a familiar-sounding brand.

3. Suggestive Trademarks

Definition: Suggestive trademarks hint at a product’s qualities without directly describing them. Consumers must use some imagination to connect the name to the product.

Examples:

• Coppertone (sun protection)
• Netflix (entertainment delivery)
• Jaguar (automobiles – speed and power)

Pros:

• Inherently protectable
• Creative and brandable
• Resonate emotionally with customers
  

Cons:

• Must avoid slipping into descriptiveness
  

Legal Insight: Suggestive marks strike a great balance between marketability and legal protection.

Avoiding Weak Trademarks: Descriptive and Generic

Descriptive Marks

These marks describe a feature, function, or characteristic of your product.

Examples:

• Quick Print (printing services)
• Cold & Creamy (ice cream)

Pros:

• Customers easily understand what is being sold, or the services being offered

Cons: 

• The USPTO may refuse to register a descriptive trademark on the Principal Register, and may only allow registration on the Supplemental Register

Pro Tip: Sometimes including a logo with a descriptive trademark may help overcome a USPTO refusal claiming the trademark is “merely descriptive”

Why They Are Risky:

• May require “acquired distinctiveness” to be registered
• Weak in court during infringement disputes

Generic Marks

These are everyday names for products or services.

Examples:

• Computer (for computers)
• Phone App (for mobile applications)
  

Why They Fail:

• Not registrable
• Can never be exclusively owned
  

The Impact of a Strong Trademark

Having a strong trademark means:

• Often times, faster USPTO approval
• Greater protection from conflicting or confusingly similar marks
• Higher brand valuation
• Easier international registration
  

Strong trademarks are unlikely to receive an Office Action that refuses registration claiming the trademark is “descriptive”,  and are more likely to become enforceable, lasting brand assets.

Real-World Example: Arbitrary vs Descriptive

Let’s say you’re launching a new fitness app:

• Descriptive Name: “Daily Workout Tracker”
• Suggestive Name: “CoreDrive”
• Arbitrary Name: “Nimbus”

“Daily Workout Tracker” may be functional but it offers little legal protection. “CoreDrive” hints at fitness and motivation, giving it both branding appeal and distinctiveness. “Nimbus” has no obvious connection to fitness but is unique and easier to protect.

How Adams Law Office Helps You Choose Wisely

At Adams Law Office, we do more than file trademarks—we help you build a brand that lasts. Our services include:

• Trademark strategy consultations tailored to your business
• Comprehensive clearance searches to assess risks
• Custom legal opinions on your proposed mark’s strength
• Filing and prosecution support through the USPTO

We work with startups, tech founders, eCommerce brands, and service professionals to secure marks that grow with your business.

FAQs: What Makes a Trademark Strong?

Q: Why is a fanciful trademark stronger than a descriptive one?
A: Fanciful marks are unique and have no prior associations, making them easier to register and defend. Descriptive marks require proof of distinctiveness and face a higher rejection risk.

Q: Is it okay to use a common word if it has a different meaning?
A: Yes, that would qualify as an arbitrary mark. Words like “Apple” for computers are strong because the word has no natural link to the product.

Q: Can a descriptive mark become strong over time?
A: Sometimes. If a brand builds strong recognition through years of use, it may gain “acquired distinctiveness” and qualify for registration.

You can follow us on LinkedIn and YouTube to learn more about trademark services.

Q: Should I avoid clever or humorous names?
A: Not necessarily. If they’re suggestive or arbitrary and not descriptive, they can be powerful trademarks—especially with a creative brand strategy.

Q: How early should I consult a trademark attorney?
A: Before launching! Even if your business is in development, early consultation ensures you avoid weak marks and costly rebranding. Ready to Secure a Strong Trademark?
Let Adams Law Office help you choose, file, and protect a mark that supports your long-term business goals. Schedule a consultation today.