You should avoid generic names at all costs. Product names like this not only receive no protection from the law, but are a very poor choice for companies because consumers will not remember the name of your product except by what it literally is, which builds up no goodwill or trust with consumers that buy your product. These kinds of words get no sort of protection from trademark law. These are words that are quite literally what the product is, like ICE CREAM for an ice cream manufacturer, or ACETOMENIPHEN for a brand of pain reliever. Trademark law recognizes four general categories of marks, each comes with their own level of legal protection:įirst, there are “generic” marks. While you may not need to know the details of the case, what emerged from that case is how the USPTO determines whether to register a mark to this day.
The law recognizes a “spectrum” of distinctiveness, first recognized in Abercrombie & Fitch Co.
This strength of a name is protectable under trademark law, and the more distinctive the name is, the greater the protection is for the name. A strong name will not let a consumer forget your product’s name, even if they see it on the shelf and do not buy it.
#DO I NEED TO TRADEMARK MY BUSINESS NAME AND PRODUCT NAME REGISTRATION#
Here are the four essential steps to take when seeking a trademark registration of a product name: 1) Come up with a unique brand name for your productĪ product name gives life to your creation and a manner by which consumers can easily recall the product. Thus, developing your product name with trademark protection in mind will allow you to have a greater chance in the marketplace and a better chance in any proceeding before the United States Patent and Trademark Office (USPTO) when registering the mark. iPhone®, Oreo®, and Corvette® are all examples of product names that successfully identify their source of origin and are all distinctive in their own way while maintaining upstanding trademark protection. Although this sounds like just business names, many successful product names themselves often signify exactly who they are coming from.
Trademarks protect the distinctive names for products that many hours of labor have gone into developing to allow business owners to use their name without fear that someone will steal it for their own gain.Ī trademark registration is always connected to a good or service, or in this case a product name and it must signify a “source of origin,” or simply show who has made and developed the product. Why a product name should be protected with a trademark registrationĪ trademark for your product is the most effective way to ensure that no other company can potentially cut in on your profits by selling similar products or goods with your brand name on them. Whether it is a product name that is sentimental to you, a name that is catchy and easily remembered by your customers, or just a product name that you think is an exciting addition to your offerings, these product names should be protected by trademarks. Developing a great name for your product is an important part of advertising your brand, and so this name should be developed with trademark protection in mind. The name of a product that your company manufactures or sells is one of the primary things that people look to protect with a trademark registration (the other being a service offering).
0 kommentar(er)
