It is witnessed that with the extended use of a brand name, the products start gaining popularity and recognition among the consumers. But, the popularity makes it accessible for possible counterfeiting. Henceforth, it is always prudent to trademark the brand, logo, and or name.
The trademark must possess some uniqueness so that the end-users won’t find it difficult to recognize it. Let us dive into the concept of trademark and the attributes of a good trademark.
What are the Attributes of a good trademark?
A trademark is an imperative part of intellectual property rights, aka IPR that exists in the form of a sign, slogan, and expression that distinguishes a business’s product or services from the competition.
An ideal trademark must adhere to the uniqueness and should have the potential to reflect the quality of the product. More importantly, the trademark should be crafted in such a manner that it can be differentiated from its counterparts dealing with the same class and should be able to be protected and registered.
The following are the key essential and attributes of a good trademark that should be considered before Trademark registration.
- A Trademark should be a mark that entails a device, label, signature, name, brand, letter, word, a combination of color, or integration of the above attributes.
- It should be easy to recognize, spell, and speak so that the masses can acknowledge it in a quick flash.
- It should not be too lengthy & perplexing to be forgotten easily. If the trademark is complicated to acknowledge, the masses will not take effort to memorize it & eventually, it will be forgotten.
- Trademark must adhere to distinctiveness. Keep in mind that uniqueness is one of the key attributes of a good trademark.
- The best trademarks are generally referred to invented or coined words or distinctive geometrical designs.
- It should not reflect the product’s description; instead, it should be suggestive of the quality. It is one of the key attributes of a good trademark.
- A good trademark should be excluded from the list of the prohibited class mentioned under the Trademark Act.
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How to Select a Trademark that Posses Good Attribute?
Once you have decided that your firm could reap advantages from some branding, how do you opt for the correct trademark? So, go for trademarks that comply with the company’s legal and business needs. You want to identify such marks to act as an asset and build a solid reputation for your company.
But still, you have got loads of names out there. How do you opt for the best trademark? Ideally, you want few things out of your trademark.
You have to stick around with a trademark that inherently connects goods and services with you as a source. This can be accomplished by selecting the mark that is unique.
Trademark should be Short
Your trademark should be short and concise. If it is complicated or lengthy, people will find it hard to acknowledge it and eventually it will be forgotten.
Trademark must be Legally Enforceable
A legally protectable mark reflects two things. It has to be able to comply with the Trademark Act, and it has to be enforced. Trademark that breaches the law is not admissible for registration.
Complexities in Selecting the Correct Trademark for a Company
Let’s say you want to open a café and wish to trademark the name café. The government might not validate your request because chances are such establishments across the county would wish to use the word café to promote their goods & services.
Henceforth, the unique name you choose for your café, the more likely it is that government would validate your request for the Trademark registration. So you could judge the trademark on the spectrum of uniqueness.
A mark can be arbitrary or generic, or both depending on the context. Hence, if you are selling oranges, you can’t opt for name oranges for trademark registration. But if you are selling laptops, you likely can. Oftentimes, you can register a mark that entails a mix of words which are protectable and descriptive in nature.
They are quite distinctive from the suggestive marks because there is no leap required. The descriptive marks reflect the description of the goods & services they safeguard, such as Pizzazz for pizza and Cold and Creamy for ice cream. The owner must pay attention to the attributes of a good trademark to avert complications during the registration process.
Branding cannot be built up overnight as it seeks hardship, time, and plenty of capital. Practically, you do not want several trademarks to start off. If you try to project your businesses and products with several trademarks at once, you may end up with weaker branding. From a growth standpoint, it is smart to start your business campaign with a single trademark.
It all boils down to the fact that a trademark should be easy to acknowledge, whether it is a color, word, label, or logo. It should be concise and easy to comprehend so that end-user can memorize it for a long time. It cannot be descriptive in nature and should align with the existing norms cited under the existing law.
And most importantly, a good trademark should not be included in the prohibited classes under the Trademark act. While drafting a trademark strategy, you must opt for marks that are legally enforceable. It is advisable to channelize your investment on one or at least a few marks and choose suggestive or arbitrary fanciful marks if possible.
Although descriptive marks are protectable in nature, it takes ample time and investment to make them so. You have to pay extra stress on considering the attributes of a good trademark to remain ahead of the curve.
Feel free to communicate with the CorpBiz’s expert if you are about to engage yourself with the trademark registration process. We would ensure the end to end support by providing professional-grade services to you. With diverse experience in the field of compliances and registrations, we will assist you in overcoming all the hassles regarding the paperwork and other formalities.
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