Has your company just come
up with an exciting new product that appears to interest the people to purchase
it? Well, congratulations as this could be the product that can serve the
potential buyers with what they have been looking for years, and ultimately,
you with more customers and better sales. However, your competitors, including
companies, entrepreneurs, etc., may not like this and make attempts to pull you
down by infringing on your newly launched well-doing product or service. Hence,
it is essential to commence extracting the profits with the help of that
product or service after securing it as your Intellectual Property (IP).
In terms of securing your unique and useful asset under Intellectual Property Protection,
trademarks prove to be the best source that can prevent unauthorized users from
making profits by using your IP. In general, trademarks refer to the
recognizable words, logos, symbols, etc., that identify and distinguish the
product and services of one source from those of others. In the present IP
industry, there are five types of trademarks that you can obtain and use to
safeguard your valuable assets from the infringers. Let’s proceed further to
have deep insight into all these vital marks and thus, make a fair decision on
which will best suit your needs.
Strong Marks to Discourage Trademark Infringement
1. Fanciful
Marks
Fanciful
marks refer to the trademarks that reveal nothing about the product yet are
significant as they enable the customers to remember your mark/ product,
irrespective of how many competitors are attempting to pull you down. Famous as
made-up words, these marks have no significance except being a trademark for
the proprietor’s specific products or services. Fanciful marks are enforceable
against the use of the same or a similar mark leading to the trademark
infringement. Some common examples of such trademarks include VERIZON telecommunication
services, GOOGLE computer search engines,
and ROLEX watches.
2. Arbitrary
Marks
Arbitrary
marks also don’t tell anything regarding the products or services but appear
more significant than fanciful ones if we talk about the same type of items.
These marks can be a real word, image, or logo used to recognize unrelated and
different products or services. Though arbitrary marks don’t have much scope of
enforceability like fanciful marks, yet they provide outstanding trademark
protection, and this is why brands often prefer protecting their assets under
this category of marks. For example, the term APPLE might not be enforceable
against someone using the mark APPLE CAFÉ, but if he uses the Apple Logo to
display the term APPLE, then the mark would be enforceable against him. Some
examples of arbitrary marks include APPLE computers, HARD ROCK restaurants,
and QUAKER cereal.
3. Suggestive
Marks
These
marks give details about the services and products. They make the world
familiar with what the specific product is, how it works, etc., but without
describing it thoroughly. As per the Trademark Law,
suggestive marks often exist as words, group of words, or graphic logos and are
enforceable only in case of the same or similar marks on the same or similar
products. FRESH ‘N CLEAN pet shampoo, CITIBANK financial
services, and TOTAL cereal are some
well-known examples of suggestive marks.
4. Descriptive
Marks
As
the name indicates, descriptive marks describe a particular product or service.
They explain many things about the product or service, including what the
product is, what it does, its quality, features, function, and more. Note that
these marks don’t have proprietary rights and are neither enforceable nor
protectable. Are you planning to File a Trademark Application to
secure your asset with a descriptive mark? It is better to understand that
people can use your mark in whole or part, either as a descriptive term in
their text or the name of their products or services. Some Registered Trademarks that
fall under this category covers PARK ‘N FLY airport
parking service, COMPUTERLAND computer
stores, and RAISIN BRAN cereal.
5. Generic
Marks
Generic marks, also known
as genericized trademarks signify a name or mark that because of its popularity
and importance has become a common name for a general class of service or
product, usually against the trademark holder’s intentions. Generic marks are
not the trademarks. They are nouns that are modified by the registered
trademarks. Famous terms like APPLE computers, GEICO insurance
services, and STARBUCKS coffee are
examples of generic marks. Having strong marks is the best way to secure your
valuable assets under the shield of powerful Intellectual Property Right (IPR),
like a trademark. Stronger is the mark, more are the probabilities that it can
be enforced against unauthorized use. Strong marks are comparatively less
susceptible than weak marks to legal issues, whether you are filing a Trademark Application or
carrying out a Trademark Registration
Process. Hence, it is recommended even by the IP attorneys that
whenever you come up with a new product, don’t forget to secure it with a
strong trademark. For view source: https://www.trademarkmaldives.com/blog/how-to-select-a-mark-that-keeps-infringement-at-bay/
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