How Strong is Your Trademark? 5 Levels of Distinctiveness [Infographic]

Trademarks

Picking a mark to represent your brand can be one of the most important decisions you make. Think about the brands we see everyday. Apple. Coca Cola. Microsoft. These are immediately identifiable both with the company and the products they produce.

Just how strong is your trademark?

On one end of the spectrum, are descriptive or generic marks. These are the weakest marks, and either can’t be trademarked, or require that the mark acquire secondary meaning first.

Proceeding by increased strength are suggestive, arbitrary, and fanciful terms. Each has it’s own requirements for trademark registration, with fanciful being the strongest of all marks and most likely to receive trademark registration.

strength of a trademark

The benefits to trademark registration are numerous. In order to receive the benefits of trademark registration, care should be taken to select a mark that is high on the scale below.

These issues should be considered when determining whether to apply for trademark registration, or even better, before significant investment is made into building a brand.

You can see each type of trademark strength, plus examples, in the infographic below. If you’re in the branding stages of your company, or considering a rebrand, keep it handy! You’re going to use this guide for reference as you develop ideas to identify your brand.

 

 

Extra, Extra!
Recent Posts

Worrying About SaaS Agreements and Cross-Border Data Transfers

Worrying About SaaS Agreements and Cross-Border Data Transfers

Internet Law

When your business is contemplating a software-as-a-service (“SaaS”) agreement, there are a large number of considerations. An SaaS agreement is, of course, a subscription service where a software package is centrally hosted and accessed by a SaaS company’s customers. Issues to be aware of include: As important as the foregoing issues are, one often overlooked […]

Read more about Worrying About SaaS Agreements and Cross-Border Data Transfers

FAQs About Legal Services for Social Media Influencers, Bloggers, and Online Content Creators

FAQs About Legal Services for Social Media Influencers, Bloggers, and Online Content Creators

Internet Law

If you are serious about your career as a social media influencer, blogger, and/or online content creator, you ARE going to need legal services at some point. Online creation is big business now, and big business means the need for legal services. The Internet and Social Media Attorneys at Revision Legal are here to help. […]

Read more about FAQs About Legal Services for Social Media Influencers, Bloggers, and Online Content Creators

Take it Down Act: Ban on “Revenge Porn” Goes National

Take it Down Act: Ban on “Revenge Porn” Goes National

Internet Law

Congress recently passed the Take It Down Act (“TIDA”), and the law was signed by the President in mid-May 2025. See AP media report here. Interestingly enough, “Take It Down” is an acronym for “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act.” TIDA prohibits what is commonly called “revenge […]

Read more about Take it Down Act: Ban on “Revenge Porn” Goes National

Put Revision Legal on your side