How to Select a Mark that Keeps Infringement at Bay?

Has your company just come up with an exciting new product that appears to interest the people to purchase it? Well, congratulations as this could be the product that can serve the potential buyers with what they have been looking for years, and ultimately, you with more customers and better sales. However, your competitors, including companies, entrepreneurs, etc., may not like this and make attempts to pull you down by infringing on your newly launched well-doing product or service. Hence, it is essential to commence extracting the profits with the help of that product or service after securing it as your Intellectual Property (IP). In terms of securing your unique and useful asset under Intellectual Property Protection, trademarks prove to be the best source that can prevent unauthorized users from making profits by using your IP. In general, trademarks refer to the recognizable words, logos, symbols, etc., that identify and distinguish the product and services of one source from those of others. In the present IP industry, there are five types of trademarks that you can obtain and use to safeguard your valuable assets from the infringers. Let’s proceed further to have deep insight into all these vital marks and thus, make a fair decision on which will best suit your needs.

Strong Marks to Discourage Trademark Infringement

  1. Fanciful Marks

 Fanciful marks refer to the trademarks that reveal nothing about the product yet are significant as they enable the customers to remember your mark/ product, irrespective of how many competitors are attempting to pull you down. Famous as made-up words, these marks have no significance except being a trademark for the proprietor’s specific products or services. Fanciful marks are enforceable against the use of the same or a similar mark leading to the trademark infringement. Some common examples of such trademarks include VERIZON telecommunication services, GOOGLE computer search engines, and ROLEX watches.

  1. Arbitrary Marks

 Arbitrary marks also don’t tell anything regarding the products or services but appear more significant than fanciful ones if we talk about the same type of items. These marks can be a real word, image, or logo used to recognize unrelated and different products or services. Though arbitrary marks don’t have much scope of enforceability like fanciful marks, yet they provide outstanding trademark protection, and this is why brands often prefer protecting their assets under this category of marks. For example, the term APPLE might not be enforceable against someone using the mark APPLE CAFÉ, but if he uses the Apple Logo to display the term APPLE, then the mark would be enforceable against him. Some examples of arbitrary marks include APPLE computers, HARD ROCK restaurants, and QUAKER cereal.

  1. Suggestive Marks

 These marks give details about the services and products. They make the world familiar with what the specific product is, how it works, etc., but without describing it thoroughly. As per the Trademark Law, suggestive marks often exist as words, group of words, or graphic logos and are enforceable only in case of the same or similar marks on the same or similar products. FRESH ‘N CLEAN pet shampoo, CITIBANK financial services, and TOTAL cereal are some well-known examples of suggestive marks.

  1. Descriptive Marks

 As the name indicates, descriptive marks describe a particular product or service. They explain many things about the product or service, including what the product is, what it does, its quality, features, function, and more. Note that these marks don’t have proprietary rights and are neither enforceable nor protectable. Are you planning to File a Trademark Application to secure your asset with a descriptive mark? It is better to understand that people can use your mark in whole or part, either as a descriptive term in their text or the name of their products or services. Some Registered Trademarks that fall under this category covers PARK ‘N FLY airport parking service, COMPUTERLAND computer stores, and RAISIN BRAN cereal.

  1. Generic Marks

Generic marks, also known as genericized trademarks signify a name or mark that because of its popularity and importance has become a common name for a general class of service or product, usually against the trademark holder’s intentions. Generic marks are not the trademarks. They are nouns that are modified by the registered trademarks. Famous terms like APPLE computers, GEICO insurance services, and STARBUCKS coffee are examples of generic marks. Having strong marks is the best way to secure your valuable assets under the shield of powerful Intellectual Property Right (IPR), like a trademark. Stronger is the mark, more are the probabilities that it can be enforced against unauthorized use. Strong marks are comparatively less susceptible than weak marks to legal issues, whether you are filing a Trademark Application or carrying out a Trademark Registration Process. Hence, it is recommended even by the IP attorneys that whenever you come up with a new product, don’t forget to secure it with a strong trademark. For more visit:

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