How Strong is Your Brand? Part III - Kennedy Law, P.C.

How Strong is Your Brand? Part III

Author: Stephen A. Kennedy

Up next in our discussion on the strength of your trademark are marks that fall under the “Suggestive” category of the spectrum.

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Suggestive marks differ from merely descriptive marks because they do more than just describe a characteristic or quality of the goods or services. A suggestive mark requires some leap of imagination or thought to connect the mark to the product or good. For example, the term JAGUAR for an automobile is a suggestive mark. JAGUAR does not describe an automobile, but it does suggest a quality that you would expect a luxury sports car to have: speed.

Suggestive marks are registrable on the Principal Register without proof of secondary meaning. However, there is always a risk in attempting to register a suggestive mark: they can often easily be misconstrued as a descriptive mark. As we discussed last week, descriptive marks cannot be registered until they acquire secondary meaning, which generally requires a high expenditure on advertising and a significant investment of time (usually five years). Having a skilled trademark attorney assist you in evaluating your potential trademark before attempting registration can save you time and money. If you are wondering where your potential mark falls along the spectrum, call the trademark team at Kennedy Law for an evaluation today.

Check in next week here on the blog as we examine “Arbitrary” marks on the trademark spectrum.


Chelsie Spencer is a Senior Associate with the Dallas office of Kennedy Law, PC. She may be reached at 214-716-4345.

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