Distinctive character of a trademark

Strong and weak trademarks

When choosing a trademark it is advisable to consider whether you can prohibit the use of the sign or similar sign by third parties. In general it can be said that a nearly descriptive trademark is difficult to defend against the use of it by third parties whereas a strong mark can be easily defended.

A strong mark is a trademark that does not describe the goods or services or characteristics of the goods or services for which it is used.

About a strong trademark it can be said that the distinctive character is big.

A weak trademark, in more or less extent, will describe the goods and/or services or characteristics of the goods and/or services. The distinctive character of a weak trademark is small.

For examples see our page: from practise.