Why Push For Inherently Distinctive Trademarks




If you are a head of a company or a conglomerate and you want to make your presence instantly felt in the market, then one thing that should be considered is the trademark. These trademarks or logos for the average man on the street are simply the symbols that can be used to represent the company. If the trademarks used are well-planned, then this can carry over to brand recall. And if there is brand recall then there is an easy conversion to sales.

That's how critical trade names and logos are. For this reason, simply coming up with a trademark will no longer cut it. It's best that the logos are properly thought of, or to be precise such marks should be inherently distinctive.

So how can you make trademarks distinctive enough? One mark can be called distinctive if the mark at hand is a strong one. For example, if the mark can be easily associated by a consumer to one product or company without adding the name of the company then it can be said that it's inherently distinctive.

Inherently distinctive marks should be registered

Once this has been developed, it is recommended that the trademark be registered with the appropriate US regulatory agency in order to relish the benefits of registration. Once registered, the mark will be eligible for greater protection under the state and the federal laws which aim to promote originality and authenticity. Also, once the distinctive trademark has been registered then the business and the mark will be shielded from exploitation, poaching and counterfeiting coming from rival companies.

This has been shown lately when the leading brands registered their inherently distinctive trademarks. The moment the logos are being counterfeited, the trademark owners easily sought the protection of the courts and they won their cases.

The inherently distinctive trademarks have opposites- the descriptive marks. These logos and marks are harder to protect in the market. These are generalities used to refer to certain products or services. In way, these marks will only describe the use, the size, the purpose or the characteristics of the services or the products. For example, Company B may peddle their Japanese Beer. This mark can only be registered the moment it can be justified that its distinctive character has been established due to continuous use.

In the search for trademarks to represent the business, it's recommended to go for inherently distinctive over descriptive. Now there are five verification steps in order to make that happen. These steps act as a SWOT analysis and position the targeted trademark to become an inherently distinctive mark. The first step is to verify the inherent strength of the mark. Step two is to check if the company can use it legally.

Step three is to verify is the mark can be registered under the business. Step four is to verify the potential, and finally its best to verify the identification of goods and services- do these products and services meet the USPTO standards? If all these are processed, then you have an inherently distinctive trademark in your hands.

 

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