Which of the following is NOT a characteristic of a strong trademark?

Prepare for the USPTO Trademark Application and Registration Test. Access a variety of questions, including flashcards and multiple-choice formats. Each question includes hints and explanations to guide you. Boost your readiness and ace your exam confidently!

A strong trademark is characterized by its distinctiveness, which means that it can identify and distinguish the source of goods or services from those of others. Distinctive marks, such as fanciful or arbitrary marks, are more likely to receive trademark protection because they are unique and not descriptive of the goods or services they represent.

When a trademark describes the goods or services, it lacks the distinctiveness required for strong trademarks. Descriptive marks typically do not qualify for protection until they acquire secondary meaning, which takes time and effort to establish. Therefore, a trademark that describes the goods or services is fundamentally weaker and less likely to be considered strong.

Additionally, a strong trademark is generally not commonly used by others in the market, as this could lead to confusion among consumers about the source of the goods or services. Fanciful trademarks are those that are invented, while arbitrary trademarks are common words used in an unrelated context. Both types tend not to describe the associated goods or services, contributing to a stronger trademark status.

In summary, while distinctiveness, uncommon usage, and the capacity to be fanciful or arbitrary are key characteristics of a strong trademark, descriptiveness directly undermines its strength, making it the correct choice in this context.

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