What types of trademarks or service marks are entitled to legal protection?
As a general rule, trademark law gives legal protection to names, logos, and other marketing devices that are distinctive. These distinctive trademarks are sometimes referred to as “strong” trademarks. Strong trademarks come in two forms: They may be “born strong” because they are creative or out of the ordinary, such as Yahoo, Exxon, or Kodak (also known as “inherently distinctive” marks). Trademarks may also become strong because they become well known to the public through their use over time or because of a marketing blitz. Trademarks that merely describe some feature or quality of the goods or that are based on someone’s name or a geographic term are usually considered to be “weak,” and thus unprotectible under trademark law. However, once the trademark owner can demonstrate substantial sales, advertising, or other public awareness of a weak trademark (known as “secondary meaning”), the trademark will be considered distinctive and can be registered with the United States Patent an
