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Suggestive trademarks are less literal than descriptive trademarks in describing the product or service and are therefore more protectable. Like arbitrary and fanciful trademarks, the United States Patent and Trademark Office considers suggestive trademarks to be inherently distinctive, which entitles suggestive trademarks to immediate trademark registration. Suggestive trademarks use words that conjure a specific idea that is associated with the product or service. For example, the trademark “Magma Salsa” would be a suggestive trademark because potential customers could reasonably expect to buy a very spicy salsa. Unlike arbitrary or fanciful trademarks, a suggestive trademark still describes the product or service.
Many business owners might find suggestive trademarks to be the easiest path to follow for trademark registration because the company or brand name carries some relevance to the industry, which is an advantage for marketing goods or services. Returning to the technology industry, “Sprint Nextel Corp.” and “Merlin International Inc.” are good examples of suggestive names. The name Sprint implies that the communications company will deliver speedy service. Meanwhile, Merlin evokes the legendary wizard who delivered magical results. A suggestive trademark has the disadvantage of not being unique, which means that you need to scour your industry and geographic region for similar companies or brands before registering a trademark. However, if your name passes the United States Patent and Trademark Office’s inspection, you won’t have to work as hard to market your company or brand as you would with an arbitrary or fanciful mark because the name reflects what you do or sell.
For more information on suggestive trademarks or trademark registration, call Trademark Armor at 1-877-350-6275 for a free consultation, or click the button below for more information.
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