What Makes a Trademark Strong or Weak? (Complete Guide for 2026)
Understanding what makes a trademark strong or weak is essential before choosing a brand name, logo, or slogan. A strong trademark is easier to register, harder to challenge, and far more valuable to your business. A weak trademark, on the other hand, can be rejected, opposed, or easily copied.
In this guide, we explain trademark strength, the legal categories of trademarks, and how to choose a strong trademark that gives your business real protection.
What Is Trademark Strength?
Trademark strength refers to how distinctive and protectable a trademark is under trademark law.
The stronger the trademark:
The easier it is to register
The broader the legal protection
The harder it is for competitors to imitate
Trademark offices and courts assess strength based on distinctiveness, not creativity alone.
Why Trademark Strength Matters
Choosing a weak trademark can lead to:
Application refusal
Legal disputes
Forced rebranding
Limited enforcement rights
A strong trademark:
Protects your brand identity
Increases business value
Builds customer recognition
Gives you stronger legal leverage
This is why understanding what makes a trademark strong or weak is critical before filing.
The Trademark Strength Spectrum (Strongest to Weakest)
Trademarks fall into five legal categories, ranked from strongest to weakest.
Fanciful Trademarks (Strongest)
Fanciful trademarks are completely invented words with no dictionary meaning.
Examples:
Kodak
Xerox
Why are they strong:
Maximum distinctiveness
Easy to register
Broad legal protection
For businesses that can invest in branding, fanciful trademarks are the strongest possible option.
Arbitrary Trademarks (Very Strong)
Arbitrary trademarks are real words used in an unrelated way.
Examples:
Apple (for computers)
Amazon (for online retail)
Why are they strong:
Highly distinctive
Easy to enforce
Excellent brand flexibility
These trademarks rank among the most valuable brands in the world.
Suggestive Trademarks (Moderately Strong)
Suggestive trademarks hint at the product or service without directly describing it.
Examples:
Netflix
PayPal
Why are they strong:
Registerable
Good balance between marketing and protection
Require imagination to understand
Suggestive trademarks are often ideal for small businesses.
Descriptive Trademarks (Weak)
Descriptive trademarks directly describe the product, service, or key feature.
Examples:
Fast Cleaning Services
Cheap Flights Online
Why are they weak:
Often refused by trademark offices
Hard to enforce
Little exclusivity
Some descriptive trademarks can be registered only after acquiring secondary meaning, which usually takes years.
Generic Terms (Not Protectable)
Generic trademarks are common names for goods or services.
Examples:
Computer (for computers)
Bread (for bread)
Why they fail:
No distinctiveness
Never registrable
No trademark rights
Generic terms can never be protected, no matter how long they are used.
What Makes a Trademark Strong?
A trademark is considered strong if it is:
Distinctive rather than descriptive
Unique in its industry
Easy to remember
Not commonly used by competitors
Capable of long-term brand growth
Strong trademarks act as brand identifiers, not product descriptions.
What Makes a Trademark Weak?
A trademark is considered weak if it:
Describes the product or service
Uses common industry terms
Relies on generic words
Is difficult to enforce legally
Is already widely used
Weak trademarks are more likely to face objections, oppositions, or infringement issues.
Can a Weak Trademark Become Strong?
Yes, sometimes.
A descriptive trademark can become stronger through acquired distinctiveness, also called secondary meaning.
This usually requires:
Long-term exclusive use
Significant marketing investment
Strong consumer recognition
For most small businesses, this route is slow, expensive, and risky.
How to Choose a Strong Trademark for Your Business
To increase trademark strength:
Avoid descriptive language
Invent or repurpose words
Think long-term, not just marketing
Conduct a trademark search early
Choose something legally protectable
Strong trademarks are built to last, not just to explain what you do.
Final Thoughts: What Makes a Trademark Strong or Weak?
So, what makes a trademark strong or weak? It all comes down to distinctiveness.
A strong trademark protects your business, while a weak one can hold you back. Choosing the right name from the start saves time, money, and legal risk.
If your brand matters, trademark strength should too.