Trademark is an important asset of your business. A Trademark symbolizes a company’s goodwill and reputation. A good trademark distinguishes you from the competition and helps you stand out in a crowd. A poor trademark will blunt your marketing effort and might even entangle you in legal disputes. Selecting a good, distinctive and legally strong mark is a significant step in building a strong brand. Trademarks are of various types such as Word mark, Motion mark, Sound mark, 3D mark, etc. Since word mark is the most common among them, so we will be dealing with it in detail.
What is Strong Trademark and how it is different from Weak Trademark?
A strong trademark is a mark which is inherently distinctive. It means that it quickly identifies you as the source of goods/services. Strong trademarks are suggestive, fanciful, or arbitrary; whereas Weak trademarks are descriptive or generic.
What are the different types of Trademarks?
There are three broad categories of strong trademarks such as,
- Fanciful trademarks – which are invented words. They only have meaning in relation to their goods or services. For example, Exxon® for petroleum or Pepsi® for soft drinks.
- Arbitrary trademarks – which are actual words that have no association with the underlying goods or services. Think of the term “apple.” If an apple orchard tried to register the word “apple” as a trademark for the type of apples they grow, that trademark wouldn’t be registerable. But, Apple® has been registered as a trademark for computers. Apple® for computers is unique.
- Suggestive trademarks – which are words that suggest some quality of the goods or services, but don’t state that quality of the goods or services outright. Consider Coppertone® for sun-tanning products. The trademark gives the impression that using Coppertone® suntan oil will make your skin shimmer like copper.
How to choose right trademark?
There are few things to keep in mind while choosing right type of trademark for your business such as
- Should be easy to speak, spell, read and remember.
- Non identical with other business.
- Non-descriptive of goods and services.
- Non-geographical.
- Non-scandalous.
What are the Benefits of selecting a Strong trademark?
There are many benefits of having a strong trademark but the core is that it Stands you out from others. A strong trademark helps to Act as a Catalyst for Brand promotion, creates opportunities for business expansion, acts like a PR. The main quality of Strong trademark that it’s unique and easy to speak which makes it long lasting in consumer brain, aiding it as a tool of trust and goodwill. Strong trademark also benefits consumer to differentiate among similar products easily.
Legal benefits
- It gives Exclusive Right of Use to registered owner and prevents others from using the same or deceptively similar marks.
- It is easy to Enforce as it usually carries the presumption of ownership.
Financial benefits
- It can be sold or licensed providing a potential source of income to rightful owner.
- It can be used to obtain funding from Financial Institution.
What is trademark distinctiveness?
Trademark distinctiveness is an extremely crucial concept of law of trademark, to identify and distinguish the goods and services of owner of Mark from other related goods and services. Distinctive character is an essential concept of trademark registration. Distinctive mark allows consumer to recognize mark as source indicator.
Importance of Distinctive Trademark
- Distinguish from other goods and services
- Easily Registrable
- Enforceability
How to determine if a trademark is distinctive
- Unique- non used earlier
- Does not describe business product or services
- Non-adjective
How to avoid common pitfalls while deciding Trademark?
The common pitfalls can be avoided very easily when trademark search is conducted in such direction that it looks for trademark which is unique. To search for a trademark like that, one should avoid trademarks such as trademarks which are adjective to the business product or services or which describe business product or service. The trademark should be distinct from other existing marks in market and it should not be include any geographical location and scandalous matter.
How important it is to conduct a Trademark search?
Trademark search is an important step in any trademark registration or brand launch strategy, as it enables companies to avoid adopting marks that infringe third-party trademarks. The attempted registration of such names can be costly and time-consuming, as it will invariably result in the other party raising an opposition to the chosen mark and adding up to the cost for company.
What is the process of conducting a Trademark Search?
Trademark search includes three categories such as ‘Wordmark’ (For the alike representation of wordmark), ‘Vienna Code’ (For alike artistic representation), ‘Phonetic’ (For phonetically alike words). To perform a wordmark search, select the ‘wordmark’ option from the search type option and insert the keywords of the proposed trademark in the box provided. As there are 45 classes of trademark registration. One has to enter the correct class(es) in the box provided for the same. In the Indian trademark database, one can perform a search using only a single class at a time. One can also perform the wordmark search using any kind of prefix method such as ‘Starts With’, ‘Contains’ or ‘Match With’. After doing a search, if no similar trademarks are identified on record, the trademark may be filed. The Phonetic search is same as conducting a wordmark search, with the exception of the prefix method. As a result, the phonetic search of the trademark can be performed in a similar manner as described previously. Whereas, Vienna code search is mostly used to locate similar device marks. One must input the six-digit Vienna code in the field labelled “Vienna code” and then pick the appropriate class.
Clearance Opinion
Clearance opinion is needed for marks that are not only similar but also might be considered deceptively similar to the mark in question. It helps companies manage the risks and expense of doing so. A clearance opinion can be provided either orally or in a written letter. Clients may prefer an oral opinion to avoid drafting fees and prevent a negative opinion from being recorded in writing. A negative opinion in writing could be used in litigation if the client adopts a mark against attorney recommendation. However, a written opinion letter can help sway a company’s marketing team against adopting a mark. The opinion letter must include a complete, thorough and logical analysis that indicates minimal likelihood for confusion in order for the client to rely on this opinion in a decision to adopt the mark. Counsels’ issues clearance opinion considering all the risks involved in the trademark.
Trademark attorney
The Attorney helps you to choose the best trademark, which is appropriate for your business and assist you from the stage of trademark search to the stage of registration. If the proposed trademark gets objected, refused or opposed before registration, the attorney helps client to get it registered by overcoming all hurdles with proper replies, drafts and evidences. To break it down, a trademark attorney/ trademark agent puts the thing in perspective for you. They provide unrelenting and expert assistance from the choosing of your trademark right down to its registration. They help in breaking down the long tedious process of registration while ensuring that at the end of the process you have your own registered trademark.
Conclusion
From selecting the distinctive trademark to get it registered, you definitely need the attorney to assist you and do the work for you. We at KAnalysis promise to do that for you. We assure to simplify the process for you and get you the best trademarks available in world.
