The "Spectrum of Distinctiveness"
By: Nicole A. Syzdek, Associate, Brand & Branch LLP
Your brand is everything. A strong brand firmly establishes your presence in the marketplace, increases the value of your company, and makes acquiring (and keeping) customers easier. Creating a strong brand begins with selecting a memorable trademark that keeps your company in the forefront of consumers' minds, ensuring that when they're ready to buy, they'll think of you first.
Selecting a Strong Trademark
Your trademark is an essential component of your brand. A trademark, or "mark," is any word, name, symbol, design, image, or even sound used in commerce to indicate the source of your goods or services and distinguish them from others'. Trademarks are extremely valuable assets and represent the hard-earned goodwill of your business. But not all trademarks are created equal.
When generating brand ideas, many new companies initially select names that describe the goods or services they offer. They may assume that this helps customers quickly and easily understand what the company does, or is good for search engine optimization. Perhaps, but a good marketing team will steer its clients toward a strong and distinctive mark that helps distinguish their products in the marketplace, and away from a mark that merely describes what they do.
Not only do descriptive names make for weak brands, they are typically also not protectable as trademarks. The strength of a particular trademark is evaluated on a spectrum of distinctiveness ranging from the strongest fanciful marks to the weakest descriptive marks, which may not be protectable at all.