How to select a good Trademark | Mistakes to Avoid

 

A trademark is one of the most valuable assets a company can have. A good trademark will set a company apart from the competition. A bad trademark might lead to legal issues and make your marketing activities less effective. The guidelines below can assist you with how to select a good trademark.

 

7 Tips to Select a Good Trademark

• Understand why you're doing what you're doing

Consider your purpose when choosing a trademark: is it to inform people what you do inside the name of your company, to have a unique name that sticks out from the crowd or a combination of the two? Depending on the nature of the phrase (or terms) you designate as your trademark, trademark law provides varying levels of protection (and in certain circumstances no protection at all).

• Stand out from the crowd

Whatever trademark you choose, it must be sufficiently original to be protectable and (ii) keep you from being accused of trademark infringement.

• Make sure it's one-of-a-kind

Checking for the ".com" domain name and searching the ipindia database isn't enough to determine whether your trademark is sufficiently unique. Experienced trademark attorneys can assist in the development of a list of search terms, the acquisition of extensive search data, and the interpretation of that data.

• Be aware of what you're selling

Within the market for the goods or services that it sells, trademark protection will be restricted for the average business. It is why there are so many "Royal" and "Smart" trademarks out there (to name a couple of examples). The trademark selection and protection processes require an understanding of the breadth of your (and others') trademark rights.

• Be aware of your objectives

If you want to grow your business throughout the country through franchising or licencing, you'll need to know about any existing trademark rights. Even if you secure trademark registration online, if a regional operator possesses unregistered "common law" trademark rights, they may be able to prohibit you from entering critical areas.

• Recognize the Purpose of a Trademark Registration

If you (or your licensees or franchisees) provide a variety of goods and services, you may need to register your trademark in numerous "International Classes," and you'll want to make sure it's available in each one before you start using it.

• Consider licencing or acquiring a business

File a cancellation request. Consider obtaining trademark rights through a licencing or transfer agreement if your desired brand (or a "confusingly similar" trademark) is already in use by someone else in a competing product or service line. If a trademark registration is impeding your progress but the trademark does not appear to be in use, consider having the registration cancelled so you can proceed with your chosen trademark.

 

Mistakes to avoid while selecting a Trademark

 

1. Stay away from trademarks that aren't registrable

Trademark registration has several benefits, including making it easier to protect and enforce your rights against infringers. 

Why Register Trademarks? 

Trademark Registration Online is crucial since it stops others from copying it and using it to misrepresent other products. Trademarks let people recognise a brand and its value in a single glance, such as Nike's tick sign emblem or Puma's jumping wildcat logo.

Certain types of words, as you'll see below, are intrinsically difficult to register and should be avoided.

 

2. The trademark's strength is important

The strength or distinctiveness of the mark is important when determining how to select a good Trademark. In general, the more powerful or distinctive a mark is, the easier it is to register and defend against unauthorised usage. From strongest to weakest, trademarks can be classed into the following levels of strength or distinctiveness:

• Fancy Marks invented phrases that had nothing to do with the things being described (e.g., EXXON for petroleum products).

• Arbitrary Marks are words that have no meaning concerning the products being described (e.g., APPLE for computers).

• Suggestion Marks are words that imply meaning or relationship but do not specify the items (e.g., COPPERTONE for suntan lotion).

• Descriptive Marks are trademarks that describe the goods or a feature of the items. Unless the mark has acquired a secondary meaning, it is often difficult to enforce trademark rights for descriptive marks (e.g., SHOELAND for a shoe store).

• Generic Terms are phrases that are commonly used to describe a group of commodities or services (e.g., computer software, facial tissue).

 

3. Pick terms that are whimsical or random

Choose terms that would be strong trademarks since strength is important. For example, TIGER for computers or ZIPPO for blankets is both made-up words. These words are memorable, will aid in customer recall, and are easier to defend and enforce.

 

4. Use descriptive and general terms sparingly

Avoid generic and descriptive phrases. The purpose of how to select a good Trademark is to choose a trademark that is as original and distinctive as possible. 

When choosing a trademark, avoid phrases that indicate the nature or quality of the goods or services sold. 

Because it identifies the actual product being marketed, the mark Cold Beer for use with malt drinks, for example, cannot be registered. 

It would be illegal for anyone to use the terms Cold and Beer to describe their malt beverage if it was registered.

 

5. Stay away from surnames

Surnames usually are not eligible for trademark registration. Wilson Power Boats, for example, would be a terrible choice for a trademark. Because Wilson is a surname (and the rest of the mark is descriptive).

 

6. Avoid using terms that may cause customers to confuse you with another brand

A possibility of confusion can be there by using phrases for a trademark that are likely to cause the general public confusion or be mistaken about the source of a goods or service. 

It is not possible to register a trademark that is confusingly similar to an existing trademark. There may be trademark infringement if confusion is probable. 

If the trademark Tiger PJ already registers for a similar sort of goods, the mark Tiger-PJs, for example, cannot file.

 

7. Stay away from acronyms with three letters and numerals

Even a bad trademark can become famous if you invest enough money in it. 

Acronyms, on the other hand, are notoriously difficult to remember. Colourful words, on the other hand, are easily rememberable. LBS Network Solutions, for example, isn't as memorable as Phoenix Network Solutions. 

In the same way, avoid using numerals in a trademark registration online because they are less memorable.