Mar 11, 2022Share
It is important to do background research on the brands you have chosen before applying for a trademark. Because that same brand you have in mind might be already in use by someone else. There are certain trademark laws that we have to follow to get the trademark registered. Below are the basic concept of naming a brand. This will give an idea of what to do and what not to do while coming up with a brand name.
Coined word is an invented word. You can invent a word by combining two or more already existing words. Coined words are highly suggested to apply for a trademark as it has a good chance of acceptance without objection hearing or third party opposition.
Example: EXXON, VERIZON
Arbitrary marks are fanciful or brand name that has no connection or meanings related to the business. The arbitrary name has a good chance for acceptance in the trademark. But before applying the arbitrary mark, a thorough trademark name search is required to check for any possible identical, similar, or phonetically similar name which might be already applied or registered under trademark.
Examples of Arbitrary brand names: Apple (Electronics Company)
A suggestive mark is a word (brand name) that does not describe the product or service but suggests its underlying good. A suggestive mark is not descriptive. The primary use of the suggestive mark is to let the customer's imagination associate with the brand's characteristics. It has a good chance of acceptance under trademark if there is no similar/phonetically similar or identical mark there already exists in the same business. After inventing a unique suggestive mark make sure to check for trademark name search availability.
Examples of Suggestive Mark: Netflix, Jaguar, Microsoft
A descriptive mark is a word or a group of words (brand name) that directly refer to the product or quality of the product /service. It is not recommended to apply a descriptive mark for trademark registration. An objection will be raised by the government under section 9 stating the brand is too descriptive. A possible refusal of the brand will be the result if there are no valid reasons that obey trademark law. Avoid using surname, name of places, name of a god of any religion, or words related to devotional.
Examples of a descriptive mark: Cold and tasty (for ice cream shop)
Generic Marks are common words used to present the name of the product or service. They don't have distinctiveness. They do less than describe the product or service. Generic names cannot be claimed for exclusive ownership. Avoid generic names for Trademark registration.
Examples of Generic Marks: Computer, Motorcycle.
To get expert analysis on the strength of your brand name call: 7400398555
Name generator: names4brands.com
Tags :Coined WordArbitrarySuggestiveDescriptiveGenericTrademark registrationLogo registrationTrademark registration consultantsTrademark procedureTrademark registration process
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