Choosing the right trademark for your business is one of the most important branding decisions you will make. In short, a weak trademark may be difficult, or close to impossible, to register with the United States Patent and Trademark Office (USPTO). Further, it may make it challenging to enforce your legal rights to protection in a potential future infringement incident. Understandably, you may view “effective” as a subjective term and be unsure of whether your idea for a mark is considered as such under U.S. trademark law. Well, without further ado, please follow along to find out what makes for an effective trademark and how a proficient New Jersey trademark lawyer at The Ingber Law Firm can guide you through this creative brainstorming stage of building your brand.
What makes a trademark strong, protectable, and valuable for my brand?
In short, a trademark that is strong, protectable, and valuable to your company’s brand is considered distinctive. That is, when your trademark is legally distinctive, it minimizes the chances that prospective consumers will misassociate it with another source in the marketplace or otherwise a general description of a certain product. Further, it may become more easily defendable in an infringement case, as a competitor may be less likely to claim a coincidental similarity.
With that being said, fanciful and arbitrary marks are considered to be the most distinctive marks. For one, a fanciful mark is a coined, made-up word that had no meaning before its use with your brand. A prime example of this is Google. Then, an arbitrary mark uses a common word or symbol with a meaning completely unrelated to your brand’s offered products or services, such as Apple. A suggestive trademark is arguably still a strong option, as it may hint at your brand’s products or services without describing them directly, like Netflix.
How does the way I use my trademark in commerce affect its strength?
It is one thing to create an effective trademark, but using your mark in commerce correctly affects how strong and enforceable it becomes over time just as equally. Further, United States trademark law holds that a mark should be used in a way that clearly identifies your business as the source of the products or services, such as displaying it on your service brochures, marketing materials, online website, product packaging, and product labels. At the same time, your mark should not be altered or otherwise used inconsistently across these displays.
Otherwise, with this weak utilization of a trademark, consumer recognition may be diminished, and your legal protection may be compromised. This is if the USPTO approves your federal registration application in the first place, as they require you to supplement your petition with real-life examples of its proper use in commerce so that they may determine whether it functions as a truly distinctive trademark.
So, if you wish to gain more clarity on the situation you are dealing with, the best way to get it is by consulting with a talented Essex County, New Jersey intellectual property lawyer. Get in touch with our team at The Ingber Law Firm today.