Choosing a Strong Trademark

20 questions on choosing a strong trademark, answered and cited by the UpLaw editorial team.

• Can the same word be at different points on the spectrum for different products?
• Does distinctiveness alone determine whether I can use a name?
• How can I tell whether my proposed mark is descriptive or suggestive?
• How should a company protect a strong mark from weakening over time?
• Is a strong trademark useful beyond stopping direct competitors?
• What are the authorities a founder should know on trademark distinctiveness?
• What does “inherently distinctive” mean, and why does it matter?
• What happens if the USPTO refuses my mark as merely descriptive?
• What is acquired distinctiveness, or secondary meaning?
• What is a descriptive trademark?
• What is a fanciful trademark?
• What is a generic term, and can it ever be a trademark?
• What is an arbitrary trademark?
• What is a suggestive trademark?
• What is genericide, and how does a strong mark lose protection?
• What is the trademark distinctiveness spectrum?
• Where does the Abercrombie framework come from, and does it apply everywhere?
• Which end of the distinctiveness spectrum should a new business aim for?
• Why do stronger marks get broader protection?
• Why is choosing a descriptive brand name a mistake?