Choose your trademark

Some trademarks are born strong, and some trademarks are born fragile. It all depends on the sign you choose to identify it.

If you choose descriptive or generic terms specific to the product or service you offer, then your trademark would need more investment of resources to achieve distinctiveness. Distinctiveness is key to comprehensive trademark protection and often for the approval of your registration.

However, if you choose a fantasy, arbitrary, or suggestive term that is not directly or evidently linked to your service or product, both protection and registration can be more easily achieved. Now, choosing a trademark with descriptive or generic signs does not mean that all is lost. The commercial use of the trademark that positions it as an identifier of your product or service can be accepted as acquired distinctiveness. This happens when you transform the descriptive or generic meaning into a secondary meaning, which links your consumers to your trademark and your company. 

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