Start with a clearance search
Before you can judge how strong a mark is, you need to know whether it is available. A thorough trademark search shows whether your mark conflicts with existing ones. Skipping it is risky: if your mark infringes on someone else's, your application may be rejected or challenged.
Strong marks vs. weak marks
Once you have confirmed that your mark is unique, consider how well it can protect you against infringement in the future.
- Strong marks: Suggestive, fanciful and arbitrary marks are strong because they do not describe your products or services in ordinary, common terms. They are easier to defend.
- Weak marks: Descriptive and generic marks rely on common phrases, so they are harder to protect. A mark that is easy to copy or counterfeit is also considered weak.
What the authority looks at
When you file, compare your design with marks that are already registered. The approving authority will also weigh the risk of future disputes over infringement and property rights, so it pays to think about this before you apply.