Legal Definitions - evocative trademark

An evocative trademark is another term for a suggestive trademark. This type of trademark hints at or calls to mind a characteristic, quality, or function of the goods or services it represents, without directly describing them. It requires consumers to use a degree of imagination, thought, or perception to make the connection between the mark and the product or service.

Because evocative trademarks are not directly descriptive, they are generally considered inherently distinctive and are eligible for trademark protection without needing to prove that consumers associate the mark with a specific source (known as "secondary meaning"). They strike a balance between being too vague (like an arbitrary or fanciful mark) and too direct (like a descriptive mark).

• Example 1: "Morning Jolt" for a brand of coffee

  This trademark evokes the energizing effect that many people seek from coffee, suggesting a sudden burst of energy or alertness. It doesn't literally describe the coffee as "energizing" or "strong," but rather hints at the desired outcome of consuming it. Consumers must use their imagination to connect "jolt" with the stimulating properties of coffee.

• Example 2: "Evernote" for note-taking software

  The name "Evernote" evokes the idea of notes that are permanent, long-lasting, and always accessible, implying that information captured will be preserved indefinitely. It doesn't explicitly state "digital note storage" or "permanent record-keeping," but rather suggests these qualities through the combination of "ever" (eternal) and "note."

• Example 3: "Pinnacle Wealth" for an investment advisory firm

  This trademark evokes the concept of reaching the highest point of financial success or security. "Pinnacle" suggests the peak or apex, implying that the firm helps clients achieve top-tier financial goals. It doesn't directly describe "high-return investments" or "expert financial planning," but rather suggests the aspirational outcome of their services.