A suggestive trademark is a mark that hints or implies something about the goods/services sold under the mark without explicitly stating them. Put differently, these marks allow consumers to use their imagination to make a leap from the mark to the underlying goods/services.
Examples of Suggestive Trademarks
Some notable examples of suggestive trademarks are:
- AIRBUS is suggestive of airplane manufacturing
- COPPERTONE is suggestive of tanned skin color.
- FACEBOOK suggests an online directory where one can see listings of profiles.
- GREYHOUND is suggestive of transportation services involving buses.
- JAGUAR suggests speed or quickness.
- MICROSOFT suggests software.
- NETFLIX is suggestive of movie streaming services on the web.
Suggestive Marks Definition
Suggestive marks are trademarks that allude or hint at a link or association between the trademark and the goods/services sold under them. A giveaway that a trademark is suggestive is that consumers need to pause and think of what is sold under the mark. For a suggestive trademark to exist requires purchasers use their imagination to make a leap to the goods/services sold under the mark. There are strong distinctions between suggestive marks, and arbitrary and fanciful marks.
Versus Fanciful Marks
Fanciful marks also do not suggest or hint at the underlying services. Fanciful marks are simply “coined” terms that are created for the sole purpose of serving as the brand identifier. An example is ROLEX.
Versus Arbitrary Marks
Arbitrary marks do not allude, imply, or even hint at the underlying goods/services. In fact, the opposite is most likely true. For instance, an arbitrary mark such as APPLE does not suggest a supermarket service, instead it has nothing to do with the underlying goods/services.
How Strong are Suggestive Marks?
Suggestive marks do not provide as strong a level of protection as fanciful or arbitrary marks. Suggestive trademarks fall in the middle ground of trademark strength; suggestive marks are stronger than Merely Descriptive marks (which do describe the goods/services), but below unregistrable generic marks.
Below, I provide a concise breakdown of mark strength from strongest (fanciful) to weakest (generic):
Inherently Distinctive Marks
Some trademarks are “inherently distinctive” meaning there is no need to show acquired distinctiveness before trademark rights are claimed. Examples of inherently distinctive marks include fanciful, arbitrary, or suggestive marks.
Are They Registerable? Protectable?
Yes. Suggestive trademarks are capable of trademark protection and registration.
Conclusion and Recommendation
In conclusion, a suggestive trademark is the second strongest type of trademark obtainable. A suggestive trademark offers hints at the goods and/or services sold under it and causes the consumer to think. A suggestive mark’s distinctiveness can help it stand out from the crowd. Other marks rely upon associations with an existing word and an unrelated product/service (arbitrary marks) or between a nonexisting word and a product/service (fanciful mark). Some benefits include a greater chance to register the trademark at the USPTO, injunctive relief and/or damages.
Finally, I recommend reaching out to us regarding any trademark questions you may have or if you need help filing your suggestive trademark. We offer an easy and fast process for filing your trademark.
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