Legal Definitions - strong mark

A strong mark (also known as a strong trademark) refers to a brand name, logo, or symbol that is highly distinctive and uniquely identifies the source of particular goods or services. Because these marks are not merely descriptive of the products or services they represent, they receive the broadest and most robust legal protection against infringement. Strong marks are typically either "fanciful" (invented words), "arbitrary" (common words used in an unrelated context), or "suggestive" (hint at the product's nature without directly describing it).

• Example 1 (Fanciful Mark): A new pharmaceutical company invents the word "Xylosyn" for its innovative allergy medication.

  This is a strong mark because "Xylosyn" is a completely made-up word with no existing meaning. Its uniqueness ensures that consumers will immediately associate it with this specific medication and no other product, granting it extensive legal protection against others trying to use a similar name.

• Example 2 (Arbitrary Mark): A company that manufactures high-end kitchen appliances names its new line of blenders "Comet."

  "Comet" is a strong mark in this context because the word "comet" has no inherent connection to kitchen appliances. It's an arbitrary choice that, when applied to blenders, becomes highly distinctive. It signals that the appliance comes from a specific manufacturer rather than describing its function, making it easy to protect legally.

• Example 3 (Suggestive Mark): A brand of premium coffee beans is marketed under the name "Awaken Roast."

  "Awaken Roast" is a strong mark because it suggests the invigorating effect of coffee without directly stating that it is a stimulant or a beverage. It requires a small imaginative leap for consumers to connect the name to the product's benefit, making it distinctive enough to receive significant legal protection while still conveying a positive association.