Choosing a brand name is an important step to a successful business. This is probably something that has caused you a lot of headaches. Not only you should choose a name that is different from your competitors but also needs to ensure it is a name that is protectable under trademark law. So, what factors should you consider when choosing a brand? When it comes to choosing a trademark, most people like to choose a brand name that is merely descriptive of their goods or services or even generic words. While these words may help the public to identify your products or services but they may not be protectable according to the trademark law. Imagine if you have spent so much time thinking, researching, and designing the brand and only realized that the brand chosen was not registrable, you
Here are 3 common mistakes you should avoid when choosing a brand:
1. Don’t choose a generic word
A generic word is a common name for a product or service. Generic marks may not be registered under trademark law. For example, the word “tobacco” cannot be a trademark for a cigarette because it is a common word for the type of product that anyone can use.
2. Don’t choose a descriptive word
Any words that describe the qualities, features, or characteristics of a product or service are not inherently distinctive. And therefore, it is difficult to register unless the mark has acquired distinctiveness through secondary meaning. For example, sweet for candy.
3. Don’t choose a word that is confusingly similar to another registered trademark
It is important to find out if there are any potentially conflicting trademarks in your marketplace before you apply to register your trademark. The Registry will reject your application if you are registering a trademark that is confusingly similar to another trademark. You might need to change a new brand if the Registry refuses to register your trademark because it is too similar to another registered trademark. At the end of the day, you may have to spend more to overcome the objection. We highly recommend you conduct a trademark search before applying this could help you to minimize the risk of infringement.
So how can you choose a name or a brand that is protectable ?
Here are 3 tips to consider:
1. Fanciful mark
A fanciful word is a word that has been invented and has no dictionary meaning other than just a mark. For example, KODAK for cameras, this type of mark is distinctive and easy to register.
2. Arbitrary mark
A word that has a dictionary meaning, but the meaning has no relation to the goods or services with which the mark is used. A good example of an arbitrary mark is APPLE for computers.
3. Suggestive mark
A mark that suggests, but does not describe the quality or characteristic of the goods and services. A suggestive mark is inherently distinctive and can be registered as it requires imagination, thought, and perception to conclude the exact nature of the goods. An example of a suggestive mark is COPPERTONE for suntan lotions.