What can I do to improve the distinctiveness of my trademark?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

The most effective way to improve the distinctiveness of your mark is to make it more arbitrary in connection with your goods and services.

Invented words with no pre-existing meaning ("Kodak," "Xerox") are the strongest type of trademark. If your mark is currently descriptive or generic, consider whether a completely invented term, or an unrelated word, could serve the same branding purpose.

Where a wordmark faces distinctiveness issues, adding a strong figurative element (a distinctive logo or icon) often helps. The visual element increases the overall distinctiveness of the mark and makes it harder for the examiner to refuse on descriptiveness grounds alone.

Lastly, if changing the current brand name is not an option for you, consider merely adding a descriptive word as an umbrella brand. For example, rebranding "Fresh Bakery" into "Luna's Fresh Bakery"

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