As we know today all companies seek to protect and expand their Intellectual Property (IP), goods, or services, they seek to expand their brand and convert it into an International trademark or by other means strong trademark. But,
But you may be surprised to learn that many startup businesses are unaware of the extent of their intellectual property (IP) or the value of appropriate protection. One of any corporation’s most valuable and crucial assets is its intellectual property. Yet for some businesses, particularly startups, it is one of the last things they think about. The good news is that by creating an IP strategy early on and reviewing it frequently, many of the common mistakes may be avoided. A strong trademark is essential for brand protection.
From weakest to strongest, let’s take a deeper look.
Generic Trademarks: A generic term cannot be trademarked; any application for a trademark whose proposed mark is regarded as a generic term will be rejected. And what exactly is a generic name? It is as straightforward as the name of the commodity or service you’re providing: The names “The Trademark Law Business” for a law firm that provides trademark services and “Big Necklaces” for a line of jewelry would both be regarded as generic. These terms cannot be protected for use by any one particular party because they are widely utilized to simply describe goods or services.
Descriptive Trademarks: By emphasizing the quality of the good or service you’re providing and using that as a trademark, a descriptive mark goes beyond the scope of a generic phrase. Similar to generic terms, descriptive markings frequently consist of widely used words or phrases that can be hard to tell apart. Because of this, descriptive trademarks are regarded as the least likely to be registered marks and, even if they are, they only receive extremely limited legal protection. Using significant advertising to support your claim to a descriptive mark is one approach to strengthen it. You will have more protection and a greater chance of having your trademark approved if you can demonstrate that a descriptive mark is intimately linked with you and you alone.
Suggestive Trademarks: These trademarks don’t directly describe your product or service but are nonetheless related to it. They demand some thought to connect, but they are nevertheless somewhat associated with your offering; for example, they might make a hazy reference to an outcome of your product or a resolution it offers. These marks have a better chance of being accepted by the WIPO and receiving extended protections since they are thought to be more inventive and distinctive and do not by themselves suggest a relationship with a good or service. Alibaba, the name of a big online store, is an instance of a suggestive mark.
Arbitrary Trademarks: An existing term that is not often connected to your goods or services is referred to as a random term. Since you are giving an existing term a new, specific meaning based on your company, these are thought to be particularly powerful trademarks. For instance, the trademark “Apple” was chosen at random to represent the name of a computer corporation. Obviously, a slice of fruit has nothing to do with the computer.
Fanciful Trademarks: The strongest, best-protected trademarks with the highest authorization chances are those with a whimsical theme. A whimsical mark includes a completely original, made-up word or phrase (like “KODAK”). It is hard, if not impossible, to contest a trademark for a fantastical word or phrase because by definition such a term has never been used before. Because of their strength and the amount of brand equity they have infused into their names, several of the greatest marks in the world are imaginative terms that you may not initially recognize as such.
Now that you know how to select a strong trademark, let’s discuss some of the reasons why having a good mark is so crucial.
Having a better chance of approval for your trademark application. Your trademark application is more likely to be approved. The less valuable a trademark is, the less likely it is to be approved, and the more likely it is that similarity issues will arise (or identical marks). As you’ve observed, the more distinctive a mark is, the greater legal protection the Lanham Act will ultimately grant it.
Having superior mark defense after approval. Even if the WIPO accepts a mark that falls in the lower or middle end of the strength bands, it is still subject to objections from third parties. Weaker marks are more susceptible to attacks from other parties who might try to convince the WIPO that your mark is too generic or too broad to continue to enjoy exclusivity and protection. The more robust, fantastical, or random marks are better shielded from these accusations.
Increase your visibility in the marketplace. This one is not specifically about trademarks, but it still matters in real terms for your company. Trademarks are used to distinguish your goods or services in the marketplace and stop consumer confusion. Stronger trademarks are categorized as such because they are thought to have the lowest likelihood of confusing consumers based on their distinctive qualities – either they are existing words that have nothing whatsoever to do with your product or service, or they are having words that are entirely made up with previous meaning.
The client can associate these trademarks with you and you alone, which is a branding advantage. Even if a trademark is authorized, weaker marks are much more likely to be mistaken for others that may be confusingly similar or have unintentional connotations with certain goods or services. People will recognize your brand name and product better, which will improve your net revenue, the more distinctive you are and the more strong your trademark is.
Why to Appoint trademark agent in UAE
Appoint our highly experienced consultants and attorneys to cover and manage all of your required paperwork and put you on the right path.
Protect your trademark in UAE through our services that enables holders registered in the Ministry of Economy UAE to apply electronically and request the registration of a trademark. Once a single request and payment of a single set of fees, you can appoint our agents to get protection and our various services.
We manage all of your business protection brand services required (Business Identity Protection, Brand protection from using, Reputation Protection in The Market)
BACT is the top-class Dubai based Trademark Agent and Business Setup Consultant in UAE with strong business networks in all GCC countries and Europe.
We offer trademark services listed below
√ Trademark Search
√ Trademark Monitoring
√ Trademark Registration
√ Trademark International Registration
√ Trademark Renewal
√ Trademark Cancellation
√ Trademark Mortgage
√ Trademark Modification
√ Trademark Agent Change
√ Trademark Ownership Transition
√ Trademark Ownership Modification
√ Trademark Logo Modification
√ Trademark Products Modification
√ Trademark Objection & Grievance
√ Trademark Document Services
For more information about international trademark services please visit bact.ae