How to Create a Strong Trademark



2020-11-30 04:47:11

A trademark is a name, the identity of your business, product, or service. Just like parents spend 9 months coming up and brainstorming baby names, coming up with your company name requires some time, effort and creativity. Before we discuss how to create a strong trademark, we will define a trademark, then set the key attributes, and finally we will discuss how to create a strong mark;

What is a trademark;

A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. A trademark registration offers legal protection for a word, symbol, phrase, logo, design, or combination of those that represents a source of goods or services.

Objective of a trademark;

The objective behind creating and protecting a trademark is to create a distinctive brand in the market that distinguishes your goods or services from those of your competitors.

Types of words or phrases commonly used as trademarks: 

  • Generic words or phrases as trademarks

Such as clock for watches are descriptive and therefore cannot perform the basic function of distinguishing goods and services and are therefore not registerable, and when registered and usually very weak. Generic marks are usually the weakest form of trademarks.

  • Descriptive words or phrases as trademarks

This is usually the first thing that a company decides to protect, but a descriptive mark is ultimately and as it is descriptive it cannot be monopolized by one market player, so it is the second weakest form of a trademark.

  • Personal names as trademarks

Surnames and first names can be used as a trademark; however you will have to prove the relationship with that name. Moreover, as you are not able to stop anyone else from using the family name or the first name, you are setting yourself up to a dispute which you can avoid! Therefore, personal names do not constitute very strong trademarks. In the GCC area and the middle east in general, personal names are common as trademarks, and require submission of additional documentation to allow the trademark to be accepted with minimal office action. Read our blog about Trademarking your name 

  • Arbitrary words or phrases as trademarks

Are common words that have a common meaning but are used in a way that is not logically connected with the product or service. While these trademarks are usually harder to market and require significant marketing budgets, because these marks are arbitrary but familiar, they are considered strong. Read our blog about who owns Christmas! 

  • Coined words or phrases as trademarks

Are phrases that are completely made up, therefore they are inherently distinctive and belong to the owner. Such marks will also require a significantly higher marketing budget, but in the end the brand will be much stronger!

When choosing your name and identity take your time, we are aware you are rushed and would like to go to market sooner rather than later, but keep in mind these key types of trademarks. Stay away from generic and descriptive marks which are very hard and almost impossible to protect. Use your name only if you really really have to. Come up with a suggestive, arbitrary, fanciful or coined word or phrase which you can have as a name, this would pay off in the longer run. 

We are here if you have any other questions!

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