The most important things you should know about trademarks
People invest a certain amount of money every month to protect their material property. We all usually pay some kind of insurance, whether it is for our car or the house or phone. There is health insurance as well as one of the most important ones. However, we don’t usually talk much about intellectual property.
Ironically, trademarks are all around us. We drive our Mercedes while we drink Coca-Cola or wear a Nike sweatshirt. All these brands are protected by their owners and they have become symbols of the reputation and relationship with the customers they’ve had all these years.
The definition of trademarks
There are some basics you should know about trademarks, for example, a common misconception that a trademark is the same thing as a company’s name or web site’s domain, which is not true. The same or similar names as your business name can still be used by others. A simple trademark definition, on the other hand, is that it can be a word, name, or a symbol that is used by a company or business to differentiate their services from the services of other businesses of the same branch.
A symbol is a particularly good word to describe trademarks since those businesses that become famous do turn into symbols and they increase their brand awareness along the way. Consumers will be more likely to buy something that has a great brand reputation and a distinguished and recognizable symbol as a trademark. The most famous examples include Nike, Coca-Cola, McDonald’s, etc.
How to know if you’re eligible for trademark registration?
As we mentioned, two businesses or domains can have a similar name. It is important to mention that only trademark registration gives you the sole right to use that same trademark. Although you should get informed on your own about the whole process, the wisest thing is to work with IP lawyers from the very beginning. People that have experience and expertise in these subjects can not only help you finish the whole process faster but they can also enforce your rights against any possible infringement.
When it comes to eligibility, first you have to make sure there isn’t another trademark with a similar name, slogan, logo, phrase, etc. If your trademark is unique, you can proceed with the registration. You will be able to give permission to other companies to use your trademark as co-branding, but this can be managed later on. It is important to mention that two trademarks from different industries can share the same word or phrase in some cases since they are not from the same niche.
You don’t even have to register a logo you want to use exclusively, you can just attract the ™ symbol, which is used in common law countries such as the USA and Australia among others. However, the registration of a trademark gives you more rights and exclusivity and the right to use the ® symbol. Also, it gives you the right to sue and receive compensation in cases of any infringement of your right. Examples of similarities of the trademark words are Kresco v. Cresco, Intelect v. Entelec, and others.
Inherently distinctive trademarks
Now that you know what trademarks are and how to check if you’re eligible to register one, let’s talk about different types of trademarks. Generally, there are two large groups: inherently distinctive trademarks and not inherently distinctive trademarks. We will explain the first group in this part of the article.
An inherently distinctive trademark is a mark that is fanciful, arbitrary, or suggestive. Fanciful ones are coined, such as KODAK, Exxon, Pepsi, etc. They are the easiest ones to protect since they cannot be confused with any common word. They are not descriptive, since the word Kodak doesn’t imply anything related to the photograph nor does Pepsi describe the quality of the soft drink it represents.
Arbitrary marks are those that use a common word, such as Apple. This common word is used out of its normal context and it’s a trademark of the technology company. Suggestive trademarks make you think about the connection between the words that they are made of, such as Netflix and Microsoft. Although they sound like what they stand for, it is still not too obvious to call them fully descriptive.
Not inherently distinctive trademarks
The other group we mentioned is the not inherently distinctive trademarks. We have two categories within this group. It is the descriptive trademarks and generic trademarks. These are more difficult to register since they can be made of pretty common words that are not so distinctive among other similar businesses. You shouldn’t be discouraged by this though, since some of the most famous brands in the world, such as Coca-Cola, belong to the descriptive trademarks. The names of airlines are another good example, such as British or American Airlines.
The generic trademarks are not registrable at all since it wouldn’t be fair for other companies to not be allowed to use them. Those are words such as computer, cellphone, drink, perfume, etc. If one coffee shop company registered the word coffee as a trademark, it would be absurd because other coffee shops wouldn’t be able to use it.
To sum it up we would like to highlight the importance of finding a trending mark that is unique. Feel free to search any of the free trademark search programs to check if your ideas were already taken by someone. After that, you can file for a trademark registration, which implies a fee (check the exact sum since it’s not the same in every place). Be sure to find an excellent IP lawyer who can guide you through the whole process.
Learn about the main types of trademarks and see which one would stick around when it comes to your business and which one would be recognizable and unique if possible. Bear in mind that your trademark will follow your brand and it can be a powerful marketing tool for raising brand awareness in the future.
