Essentially, a trademark may let your products or services have an edge against your competitors. This is because a trademark may allow you to establish a recognizable word, phrase, letter, number, scent, sound, color, packaging, etc. that makes a name for yourself and your business. It is one thing to have a trademark, but it may be another thing to have an effective one. Continue reading to learn the qualities that make an effective trademark and how an experienced New Jersey trademark lawyer at The Ingber Law Firm can help you obtain one.
What qualities make an effective trademark?
Notably, three major qualities are recognized for making a trademark effective: uniqueness, versatility, and strength.
For one, your trademark must be unique so your brand stands out from your competitors and is easily recognizable among your target consumers. What’s more, this uniqueness may help you avoid any potential trademark infringement lawsuits down the line.
Secondly, your trademark must be versatile so that it is relevant to all the products or services that fall under the umbrella of your brand. That is, you do not want a trademark that only represents one of your products or services and alienates or confuses your target consumers.
Last but not least, your trademark must be strong so your products or services are subsequently made powerful sources in the marketplace. With that being said, there is an acknowledged hierarchical strength of trademarks. From strongest to weakest, this hierarchy reads as follows:
- Fanciful or coined trademarks: a word or a combination of words with no known meaning but have been invented for the sake of the products or services at hand (i.e., Starbucks).
- Arbitrary trademarks: a word or a combination of words with a known meaning but is unrelated to the products or services at hand (i.e., Coach).
- Suggestive trademarks: a word or a combination of words that hint about the products or services at hand without specifically describing them (i.e., Netflix).
- Descriptive trademarks: a word or a combination of words that describe the purpose of the products or services at hand, which may or may not be protectable (i.e., “creamy” for ice cream).
- Generic words trademarks: a word or a combination of words commonly used to name the products or services at hand, which may not be protectable (i.e., “escalator” for a moving stairway).
What is the process of obtaining a trademark?
Regardless of which trademark type you seek, the process for obtaining one may remain the same.
Generally speaking, you always start with designing an effective trademark. Then, you must show your design to a lawyer who may confirm this has never been used before. Ultimately, a lawyer may work with you to file your trademark with the United States Patent and Trademark Office.
This is all to say that there is no time like the present to kickstart your trademark application. So, at your earliest possible convenience, please get in touch with a skilled Essex County, New Jersey intellectual property lawyer from The Ingber Law Firm.
