Are some trademarks better than others?
Minneapolis trademark attorney Jennifer Debrow explains why some trademarks are better than others.
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There are. In trademark law, we have what’s called “the distinctiveness spectrum,” and there’s weak marks on one side and strong marks on the other side, so we have generic words that can’t function as marks at all, descriptive marks that are – describe the gooder service. Then we have the stronger trademarks: suggestive marks, arbitrary marks, and fanciful marks. And that distinctiveness spectrum is important because the stronger the mark is, the more protection you’re gonna get and the easier it’s gonna be to enforce our rights against third parties.