A key ingredient of “distinctiveness” is uniqueness. A strong trademark is one that doesn’t simply describe what it sells. Google and Apple are very strong trademarks because they in no way describe or hint at what they sell or do. Stronger trademarks are more powerful because they allow the trademark owner to protect a greater amount of TURF! What is turf? In the field of commerce, turf is everything other than what a trademark covers. For instance, Apple first started as a computer manufacturer. As such, Apple’s claimed turf was initially related to computer hardware and software. However, as Apple’s trademark became more famous after they rose in popularity, Apple started to branch into other areas such as entertainment and cars. They largely were able to protect other types of commerce aside from computers because their trademark was so unique and strong that they would argue that if another “Apple” was allowed to be used as a trademark in other sectors than computers, their consumers would naturally think that the competitor’s products were from Apple.
Once you have come up with a trademark that you like, the next recommended step is to have a “Trademark Clearance Search” conducted to ensure the name is free and clear for registration. We have vast experience in trademark law and can confidently forecast the likelihood that you will be able to gain rights in your trademark.
