Legal Definitions - suggestive mark

A suggestive mark is a type of trademark that hints at the nature, quality, or characteristics of the goods or services it represents, without directly describing them. To understand a suggestive mark, consumers must use a bit of imagination or a mental leap to connect the mark with the product or service.

Unlike a descriptive mark, which directly tells you something about the product (e.g., "Sharp" for knives), a suggestive mark requires some thought. However, it's not as abstract as an arbitrary mark (e.g., "Apple" for computers, where an apple has no inherent connection to computing) or a fanciful mark (a completely made-up word like "Kodak"). Suggestive marks are considered strong trademarks because they are distinctive and relatively easy to protect legally.

Here are some examples to illustrate what a suggestive mark is:

• Example 1: Imagine a brand of herbal tea named "TranquiliTea."

  Explanation: The word "TranquiliTea" doesn't directly say "this tea will make you calm." However, it combines "tranquility" (a state of peace and calmness) with "tea," strongly suggesting that drinking this particular tea will induce a feeling of relaxation or serenity. Consumers need to make a small mental connection to understand the implied benefit.

• Example 2: Consider a brand of athletic shoes called "CloudStride."

  Explanation: "CloudStride" doesn't explicitly state that the shoes are lightweight or offer excellent cushioning. Instead, "Cloud" suggests lightness, softness, and comfort, while "Stride" implies movement and walking/running. Together, these words suggest that wearing these shoes will feel like walking on clouds, highlighting their comfort and lightness without directly describing the sole technology.

• Example 3: Think of a software application designed for organizing digital photos, named "MemoryLane."

  Explanation: The name "MemoryLane" doesn't literally describe photo organization software. However, "memory lane" is an idiom referring to reminiscing about past events. This name cleverly suggests that the software helps users revisit and organize their cherished memories (captured in photos), requiring a slight imaginative leap to connect the concept of memories with digital photo management.