February 09, 2024 at 01:16 PM
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.
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.
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.
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 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.
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.
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 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.
Applying for a federal trademark with the USPTO typically takes up to 18 months, but the procedure takes at least that long.
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.
Fanciful marks are considered to be the strongest type of mark. Examples of fanciful marks are: EXXON. KODAK.
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.
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.