The strength and nature of a particular trademark can determine
the performance and branding of a business in a market and the
scope of legal protection to which the business is entitled. A
highly distinctive trademark is a "strong mark" while a
trademark that is mearly descriptive is a "weak mark."
The strength of a trademark is relative to the identity of the
business in the market and to the recognition established by its
consumer base. A trademark lawyer or USPTO examining attorney
may categorize the mark based upon the following
definition:
A mark is merely descriptive under Trademark Act Section
2(e)(1), 15 U.S.C. §1052(e)(1), if it describes an ingredient,
quality, characteristic, function, feature, purpose or use of the
relevant goods and/or services.
In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009 (Fed.
Cir. 1987); In re Bed &
Breakfast Registry, 791 F.2d 157, 229 USPQ 818
(Fed. Cir. 1986); In re MetPath Inc.,
223 USPQ 88 (TTAB 1984); In re
