Trademarks are considered as the most important asset for any business. A strong trademark for business sets you apart from the competitors and makes you stand out in the marketplace. Your marketing efforts will be hindered by a weak trademark, which may even get you into legal trouble. Building brand equity begins with choosing a decent, distinctive, and legally sound mark. It’s easy to choose a trademark which is legally strong for the business by adhering some important points in mind.

Strong trademark v/s Weak trademark

You have to understand the distinction between a strong and a weak trademark before we can proceed with the process of selecting the trademark for your company. Why? Because strong trademarks typically come with stronger rights.

A trademark is deemed strong when a customer can quickly recognize its owner as the provider of the relevant goods or services. A trademark is deemed weak if customers are unable to differentiate it from other marks used by other companies.

The performance of the good or service in the marketplace may be directly correlated with the power of the trademark, therefore choosing a strong mark is crucial. As a matter of fact, some of the most well-known businesses in the world—including Apple, Amazon, Microsoft, and Google—are built upon robust trademarks that are estimated to be worth more than $300 billion. The values of other well-known brands, such Zoom, Uber, and Heineken, range from $4 to $6 billion.

Levels of strong trademark for Business

Five categories are available for trademark strength. Consider them as the menu’s spiciness levels: one pepper, very mildly spicy. Five chilies? It’s a powerful trademark.

Trademark strength is separated into distinct levels according to the States Patent and Trademark Office (USPTO): Fanciful, Arbitrary, Suggestive, Descriptive, and Generic.

A trademark’s chances of being accepted by the USPTO increase with its position on the strength scale. Now that we have created the hierarchy, let’s discuss how to distinguish between them.

Fanciful Trademarks: Such as Google®, Pepsi®, Xerox® etc. are made-up words that have no external meaning. These are the strongest trademarks.
Arbitrary Trademarks: Such as Apple® for computers, Camel® for cigarettes, Sun® in connection of computer technology etc. are well-known terms that have nothing to do with your products or services.
Suggestive Trademarks: Words such as Jaguar® suggests cars that are very fast and Microsoft® suggests software for small computers. This mark suggests to the products or services which are used.
Descriptive Trademarks: Words like Holiday Inn® that describe the products or services are used.
Generic Trademarks: Words that accurately describe the goods or services are used as generic trademarks; for example, Drinking Glass is used by a cup manufacturer. Generic marks are not approved by the USPTO.

In addition to weaker rights, descriptive marks may be accepted for the USPTO’s secondary Supplemental Register. Certain conditions must be satisfied, such as the mark being unique from its period in trade, before they can be accepted for the main Principal Register.

Choosing the right trademark

Choosing a trademark is a crucial choice. It’s important for your financial line in addition to factors like marketability, consumer recognition, and possible corporate purchasers.

Strong Trademark– When choosing a mark, one of the most crucial factors to take into account is trademark strength. Remember that generic marks are never registered and that a trademark that the USPTO designates as descriptive will often be placed to the inferior register. While suggestive works absolutely fine, fanciful or arbitrary trademarks typically offer the strongest rights.
Distinctiveness– Aim for a unique and distinctive trademark. This makes it more likely that your brand will distinguish itself from competitors and be quickly recognized by customers. Be clear of general terminology or descriptions that are applied widely in your sector.
Registered Trademark– Registering your trademark with the relevant government agency can give you more legal rights and protection.
Verify Availability– Prior to registering your trademark, confirm that it can be used and registered in the region in which you intend to conduct business. This involves conducting local, national, and international trademark search.
Trademark must be unique– If two marks are similar in appearance, sound, meaning, or effect on customers, confusion may result. Interestingly, the concept of likelihood of confusion only applies to businesses who provide comparable or related products or services.
Trademark strength– Trademarks fall along a range of strength, with fanciful and arbitrary marks being the strongest, followed by suggestive marks, descriptive marks, and generic terms.
Trademark must not sound offensive– Some words may evoke strong feelings and a wealth of cultural memories in one group of people while having no cultural significance in another. Furthermore, terms that translate offensively into another language may be offensive in English and vice versa.
Interesting Trademark- You can ensure that your trademark is interesting in a few different ways. Let’s go back to Google®. It’s a great word, Google. Saying that is entertaining. It’s pleasing to the eye. The mark’s design is timeless since it is clean and uncomplicated without being overtly stylistic.
Trademark a good match for your brand– You should ensure that your mark is appropriate for your brand in addition to having a strong, obtainable trademark.

Ending Note

In conclusion, choosing a strong trademark for business is essential to creating a unique brand identity and safeguarding your intellectual property. Aim for a legally available, unique, and distinctive mark; stay away from descriptive terminology and make sure it is registered for the best level of protection. Making well-informed decisions requires extensive research and consultancy with legal experts. It is possible to select a powerful trademark that enhances your brand and helps you stand out in the market with careful thought and strategic preparation.

FAQs

What do I do after choosing a trademark?

After selecting your strong trademark for business, you are prepared to submit an application. If you would like to reserve a trademark but aren’t quite ready to use it in commerce, you can file an application using the intent-to-use filing basis. Alternatively, if you wish to formally register but are currently using the mark, you can file on a use-in-commerce basis.

When is the right time to trademark my brand?

When to register a trademark is a matter that is not strictly regulated. Many businesses like to begin the procedure as soon as they intends to sell products or services. However, some businesses would rather utilize the trademark in trade for a while without registering it.

How long does it take to get a trademark?

Applying for a federal trademark with the USPTO typically takes up to 18 months, but the procedure takes at least that long.

What are the benefits of registering a trademark?

Registering a trademark offers numerous advantages at the national as well as international levels. The primary benefits are: value, credibility, infringement protections, and enforcement capabilities.

What is the strongest type of trademark?

Fanciful marks are considered to be the strongest type of mark. Examples of fanciful marks are: EXXON. KODAK.

How do I choose a brand name for a trademark?

Generic words should be avoided in order to keep your brand distinctive and stand out from the competition. The purpose of registering a trademark is to provide your company a distinctive brand name. Numbers and three-letter acronyms (TLA) are typically avoided in brand names since they don’t stand out or are memorable.

What are the criteria for a good trademark?

A good trademark should be recognizable and different from those of its rivals. Being distinctive makes it simple for customers to recognize and connect the mark to your business. It should avoid common or generic terms and instead incorporate elements that are memorable, creative, and unconventional.

Himanshu Bansal

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