5 characteristics of a strong trademark
07. May 2026Trademarks
Trademarks vary considerably in quality from a registration perspective. Here are five characteristics of strong, registrable trademarks:
1. Distinctiveness – A good trademark contains a word or symbol that gives it a distinctive character. It is important that a trademark has features that consumers can easily retain in memory.
2. Non-descriptive – The strongest trademarks have no direct meaning in relation to the goods or services they represent. Apple, for example, has no particular meaning connected to the technology the company offers, and Arion has no meaning associated with finance. New marks that simply describe a product or service are difficult or impossible to register.
(In some cases, descriptive trademarks can be registered on the basis of acquired distinctiveness, if it can be demonstrated that consumers associate the mark in question with the relevant goods or services. Examples of Icelandic trademarks registered on this basis include Ölgerðin and Flytjandi.)
3. No likelihood of confusion – There must be no risk that consumers will confuse your mark with another mark already registered for comparable goods or services. It is therefore advisable to search the Icelandic trademark register and the database of the World Intellectual Property Organization, WIPO, before adopting a new trademark.
4. Correct specification of goods and services – The goods and services covered by the trademark must be defined accurately and clearly in the application. Applying for overly broad protection risks the application being challenged, while too narrow a specification may result in trademark protection that does not extend to all the goods and services it should cover.
5. Use in commerce – Registered trademarks are subject to a use requirement. If use of a registered trademark cannot be demonstrated within five years of the completion of the registration process, any party may request its cancellation.
Registration of a trademark is a straightforward but important investment that can make a real difference when building a brand.