Punctuation And Trademark Strength!?
Many known brands incorporate punctuation, such an asterisk (E*Trade) or an exclamation point (Yahoo!), into their trademarks. But does this translate into a stronger mark? More importantly, will punctuation make your trademark stronger?
In general, punctuation will not increase your trademark’s strength unless it alters the actual meaning of the words or creates more consumer identification with the mark. In other words, punctuation tends to strengthen trademarks when it causes consumers to associate the mark with a particular good or service. For example, E*Trade and Yahoo! are known partially for their punctuation.
If a mark consists of terms that are generic or merely descriptive of goods or services however, adding punctuation will not increase its strength or make it more capable of being registered as a trademark. This is because changing the appearance of the mark does not change its meaning in the eyes of consumers. For example, the Trademark Trial and Appeal Board held that the mark “3-O’s”, used in connection with car wheel rims, to be merely descriptive and denied trademark registration. The TTAB noted the term thirty is commonly used to describe the diameter of wheel rims. Despite the unique configuration of the hyphenated 3 and O, there is no difference between the mark and the descriptive term because consumers understand the two as synonyms.
Are you considering registering a trademark? Be sure to consult with an intellectual property attorney to assess the strength of your mark and possible methods for improvement.
