Is your newly launched
product doing well? Do the potential buyers are showing interest in it?
Congratulations, as creating a product that attracts the consumers towards your
brand while leaving the competitors behind is a big deal. Undoubtedly, products
of this kind can serve you with remarkable profits in the form of more
customers, better sales, etc., but sometimes, they may become a matter of
concern for you. How? Your competitors or others may commence making profits on
your name by creating confusion that misleads consumers to purchase their
products instead of yours. They can do this by using a name, symbol, or product
similar to yours without your consent. Therefore, you should always be cautious
about securing your unique product or service under the robust Intellectual
Property Protection.
When it comes to the
protection of Intellectual
Property (IP) like unique products or services, trademark
rights appear as one of the most vital sources that can keep the infringers at
bay. In general, there are five sorts of trademarks that the owner can use to
safeguard his/ her assets. Let’s have a look at all these marks and choose the
most appropriate one that provides robust Trademark
Protection to your asset.
Five
Strongest Trademarks to Keep Infringers at Bay
1.
Fanciful Marks
Fanciful marks are
made-up words and have no meaning other than appearing as a trademark for the
owner’s particular goods or services. These marks never tell anything about the
products but are memorable as they enable the consumers to identify and remember
your product/ mark, no matter how many competitors you have. Fanciful marks
ensure the most stimulating Trademark
Protection and can be enforced against the use of the same
or a similar mark on others’ assets and services. Some examples of fanciful
marks are as follows:
·
VERIZON telecommunication services
·
GOOGLE computer search engine
·
ROLEX watches
2.
Arbitrary Marks
These are those marks
that consist of a word, symbol, image, etc., used for entirely different and
unrelated products or services. Like fanciful marks, arbitrary marks also have
nothing to do with the products or services, but stand out as more memorable
when it comes to the same type of assets. That is why people prefer to Register
a Trademark of this kind. Arbitrary marks assuredly give
exceptional protection but in general, don’t possess as good scope of
enforceability as fanciful marks. For instance, the word APPLE might not be
enforceable against one using the term APPLE CAFÉ. Nevertheless, if he
substitutes the Apple Logo for the word APPLE, then the logo would be
enforceable against him. A few other examples of such kind include:
·
BANANA
REPUBLIC clothes
·
GEICO insurance services
·
HARD ROCK restaurants
3.
Suggestive Marks
Suggestive marks are
something that gives a hint about the product and services. These marks tell
what a particular product is and what it does, but without going deep to
describe it. As suggestive marks are just one step away from descriptive
trademarks, they are enforceable only in regards to the same or similar mark on
the same or similar product. According to the Trademark
Law, these marks exist as words or a combination of words
or equivalent graphic logos. Examples of suggestive marks are:
·
FRESH ‘N CLEAN pet shampoo
·
CITIBANK financial services
·
7-11 convenience stores
4.
Descriptive Marks
A mark that describes
the quality or function or aspects of the specific product or service, and
explains; what it is or what it does is called a descriptive mark. As this mark
is descriptive and has no proprietary rights, it is generally not protectable
and not enforceable. If your asset obtains the trademark protection under
descriptive marks, anyone in the industry can use the mark wholly or partially,
either as the name of his product or a term in the text. Trademarks registered
as descriptive include:
·
PARK ‘N FLY airport parking service
·
COMPUTERLAND computer stores
·
RAISIN BRAN cereal
5.
Generic Marks
A mark or name that
due to its significance or popularity has become the generic name for a general
class of product or service, often against the intentions of the trademark’s
holder is known as a generic trademark or genericized trademark. In other words,
when a mark turns so common that it just signifies the type of product, it is
deemed as generic and can no longer be secured as a Registered
Trademark. Generic marks aren’t trademarks; they are nouns
modified by registered trademarks, for example:
·
APPLE computers
·
GEICO insurance
services
·
STARBUCKS coffee
Strong marks give you
powerful ownership rights, trademark protection, and are easier to enforce. The
stronger is the mark, the more are the possibilities that it will be
enforceable against others and thus, prevents or stops issues like Trademark
Infringement. Such marks are not just less vulnerable to problems
during the Trademark Registration Process and filing a Trademark
Application but also enforceable against a user of the same
or similar mark for the same or similar or relevant products and services. So,
whenever you come up with a new product, don’t miss out to secure it with a
strong trademark as you have invested a lot of your valuable money, time, and
resources on its designing, development, and more. For view source: https://www.kashishipr.com/blog/how-to-choose-a-mark-that-discourages-trademark-infringement/
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