Trademarks are an important way Texas businesses distinguish themselves and the products or services they sell. If another business infringes on that trademark and uses it to promote substandard products, the trademark holder may suffer substantial reputational damage. This is why companies should make trademarks as strong as possible so that courts will protect them.

As explained by, strong trademarks are distinctive. A court is more likely to uphold your ownership of your trademark if it cannot be easily mistaken for another mark. The infringing party will possibly argue that your mark is too weak and cannot be protected by law. A strong trademark can counter such arguments in several ways.

First, a strong trademark is distinctive. Some distinctive marks are just words that do not possess an existing meaning in a dictionary or anywhere else. Companies can also create a mark by choosing a word or image that possesses an existing meaning but does not actually relate to the services or products made by the company. Strong trademarks may also include suggestive marks. These hint at benefits or characteristics of what a company sells but does not describe it fully.

Businesses are more likely to have problems with generic marks. A trademark that merely describes a quality or aspect of a product or service without trying to distinguish it from others in the marketplace is generally a weak mark. A court might not protect it and the United States Patent and Trademark Office might not even accept it for registration. Generally, the courts will protect marks like these only after they acquire strong identification from years of use.

The distinctiveness of a trademark is likely to be a major consideration when a trademark is contested in court. Since Dallas companies will have varying issues when it comes to protecting their intellectual property, only read this article as general information and not as legal advice for your situation.