Strong Trademark Law and Legal Definition

Strong trademark refers to an inherently distinctive trademark that is used by the owner only. Generally, such trademark is used in a fictious, arbitrary, and fanciful manner. Therefore, strong trademark is given greater protection than a weak mark under the trademark laws. For example, visa is a strong trademark. In general, the more unique or arbitrary a mark, the more protection a court will afford it.

A strong trademark is one that is rarely used by parties other than the owners of the trademark. The greater the number of identical or more or less similar trademarks already in use on different kinds of goods, the less is the likelihood of confusion between any two specific goods incorporating the weak mark.[Vail Assocs. v. Vend-Tel-Co., Ltd., 516 F.3d 853 (10th Cir. Colo. 2008)].