How is strength of a mark determined?
Under trademark law, marks are capable of trademark protection to varying degrees depending in large part on the strength of the mark. Stronger marks are entitled to greater protection than weaker marks. If a search discovers a large number of marks incorporating terms, or some variation, used in your mark, it may diminish the strength and distinctiveness of a mark incorporating those elements. Accordingly, prior users of marks which include words contained in your mark may not have sufficiently distinctive marks to prevent your company from using the mark selected. While this factor may enhance your ability to use the mark without incurring liability to some other prior user, it may also limit your ability to prevent others from using marks that incorporate the same terms.
