What Type of Trademark Do I Need?

It’s important for business owners to safeguard their brand. To do this, getting a trademark is one option. A trademark is a design, term, or phrase that sets your goods or services apart from those of competitors. The appropriate kind of trademark can be a great asset for your company, so it’s crucial to make that decision.

1. Ornate trademarks – These are made-up, meaningless words. Kodak, Exxon, and Google are a few examples. The strongest trademarks are those that are fanciful because they are the most distinctive.

2. Arbitrary trademarks: These are actual terms that have nothing to do with the goods or services being sold. Examples are Amazon for online shopping and Apple for computers. Arbitrary trademarks have additional strength due of their originality.

3. Suggestional trademarks are words or phrases that make an inference about the commodity or service being sold. Examples are Jaguar for premium vehicles and Netflix for streaming movies. Though less distinctive than imaginative and random trademarks, suggestive trademarks can nevertheless be effective. 4. Describes the good or service being sold. Descriptive trademarks are words or phrases that fit this category. Examples include American Airlines for air travel and Best Buy for gadgets. Because they are not distinctive, descriptive trademarks are the least strong kind of trademarks. A descriptive trademark can, nevertheless, become a powerful trademark if it picks up additional meaning.

If someone opposes your trademark, it indicates their registration is being contested. This may occur if a third party considers your trademark to be generic or overly similar to their own. You will need to respond to the opposition and perhaps even go through a trial if your trademark is challenged.

As soon as you begin using your logo in commerce, you are permitted to use the TM symbol on it. By using this sign, even if you haven’t yet submitted a trademark registration to the USPTO, you are asserting trademark rights in the logo. After registering your trademark, you can utilize the ® symbol.

Additionally, if a trademark is not utilized for a particular amount of time, it may become abandoned. This implies that a new owner of the trademark could register it. Make sure you are utilizing your trademark in commerce and renewing your registration as needed to prevent abandonment.

In conclusion, your business and the distinctiveness of your brand will determine the type of trademark you require. The strongest trademarks are fanciful and arbitrary, yet suggestive and descriptive ones can still be effective if they take on additional meaning. You must reply to the opponent if your trademark is challenged. As soon as you begin using your logo in commerce, you can add the TM symbol, and if a trademark is not used for a specific amount of time, it may be considered abandoned.