Improving Your Trademark EQ: How to Choose a RAD Trademark
What makes a good trademark?
Can you trademark a name, slogan, or logo? How do you choose the best name for a company or product? How do you stand out in a crowded marketplace where creative branding can make or break your business?
As I've learned throughout my career helping hundreds of clients pursue trademark registration, litigate trademarks, and acquire brands, all too often companies leap forward with a name or design in mind without pursuing proper due diligence. The result? Potential setbacks, legal battles, and the realization that not all names are created equal in the eyes of trademark law. To help you navigate these challenges, let’s explore the spectrum of trademark strength using the RAD, SAD, and MAD framework.
Trademarks 101: The Basics
Trademarks are more than just names—they’re symbols representing a business’s reputation and identity. They can be words, logos, slogans, sounds, colors, or even shapes that help consumers recognize a brand. Think of Coca-Cola’s distinctive font, NBC’s colorful peacock, or the MGM lion’s roar.
The strength of a trademark depends on how closely it’s associated with the product or service it represents. To understand this, let's break down the trademark spectrum with our three acronyms: RAD, SAD, and MAD.
The Trademark Strength Spectrum: RAD, SAD, and MAD
RAD – Random, Arbitrary, and Disconnected
RAD trademarks are at the top of the strength spectrum. These marks have no direct relationship to the products or services they represent, making them distinctive and easier to protect. Companies like Google, Kodak, Uber, and Pepsi exemplify RAD marks. These names were created solely for branding purposes and became famous due to strong advertising.
Examples:
Starbucks – Initially, it had no direct link to coffee, but has become synonymous with it.
Exxon – A made-up word that holds no meaning until associated with the oil and gas giant.
Why it Matters: RAD marks offer the highest level of trademark protection and are less likely to face challenges or become diluted. When building a brand, aim for marks that are unique and can be distinctively tied to your product with effective marketing.
Think: If you were to see a Google microwave at a local retailer, wouldn’t you naturally assume that Google the tech giant was now getting super creepy and messing with your food? (How far away is it from Amazon meets Whole Foods, really?) Because the Google name is so unique, and iconic through market penetration, it always links back in a consumer’s mind to the search engine company. In other words, it secures ultimate trademark protection.
SAD – Suggestive, Alluding To, and Directional
SAD trademarks are a step down from RAD marks but still offer protection. They hint at the product’s characteristics without describing it directly. Consumers need to make a mental leap to connect the mark with the product.
Examples:
Coppertone – Suggests sun-tanning products but doesn’t explicitly describe them.
Whirlpool – Conjures images of swirling water but doesn’t outright explain that it’s for washing machines.
Why it Matters: SAD marks can be easier for consumers to understand and remember because of the subtle associations. However, they don’t offer the same breadth of protection as RAD marks. Choose a suggestive name if you want something memorable yet linked to your product’s essence.
Think: While we call them SAD, these are actually the best marks to meet the needs of marketers and lawyers. Marketers like the creativity and easy lift for consumers to make associations, and lawyers like that they can still afford significant trademark protection.
MAD – Merely Accurate and Descriptive
MAD trademarks describe the product or an essential part of it. While they might make advertising straightforward, these marks are the weakest and often cannot be protected unless they acquire secondary meaning over time.
Examples:
Windows for computer interfaces, which only gained protection after extensive use.
American Airlines – Descriptive but protected due to long-standing use and brand recognition.
Why it Matters: Descriptive marks can take years of investment to become associated with your brand specifically. The risk is higher, as consumers may begin using the term generically (e.g., “Kleenex” or “Aspirin”).
Key Takeaways
Choose a RAD mark when possible to maximize protection and distinctiveness.
Consider SAD marks for a balance of creativity and relatability.
Avoid MAD marks if you want easier protection and enforcement unless you’re prepared to spend time and resources establishing secondary meaning.
