Anything used to symbolize or identify a product, including a symbol, word, or combination of symbols, words, or combinations of symbols, words, or combinations of words. Like a trademark, a service mark identifies a particular service. The function of a Trademark as a distinguishing identifier makes it important. Consumers instantly link trademarks with businesses when they see them. It could be the name, style, or color palette of the logo.
What is a trademark?
A trademark is a commercial sign that supports a company’s efforts to establish its brand. It serves as a mark of distinction and quality that identifies the company. A trademark, like a logo, may consist just of form and color, as in the case of McDonald’s golden arches, or it may combine shape, color, and typestyle. A trademark can be used on a logo, and this is regularly done. A trademark might be a distinct sign from the company’s emblem. ‘Trademark’ also has a legal definition. In the legal sense, a trademark serves as a means of safeguarding your company’s logos against unauthorized usage.
Different Types of Trademarks:
Trademarks come in a variety of forms and are registered for a number of different reasons. Below is an explanation of these trademarks:
Generic Mark:
Ordinary descriptions of a product or its vendor are represented by generic marks. The terms “shoes,” “watch,” or “dinner” are a few examples of common words. However, because these expressions are well known, a restaurant, cannot register the term “restaurant” as a trademark. And for good reason; doing otherwise would lead to an unfair monopoly over the whole food and beverage industry. Every other company in the area is in danger of closing its doors.
Descriptive Mark:
A generic mark might refer to a product or its source, but a descriptive mark is specific to the item. However, because to their perceived popularity, these words are not registrable. On the other hand, if a symbol is added to the product to denote an important attribute, the product can qualify for trademark protection.
Arbitrary Mark:
Arbitrary Mark uses expressions or terms that are part of everyday speech. On the other hand, these labels shouldn’t be related to the products they identify. The expense of advertising strategies has increased, which is a drawback. Focus should be placed on creating a new semantic association in the audience. This should not discourage you, however, as success would bring you large gains. Consider Apple, a brand with a fruity aesthetic. Ironically, it offers non-edible electrical goods that are well-known for being upscale devices.
Fanciful Mark:
This sort of trademark is the easiest to register since it only requires the invention of a new word that does not already have a meaning for the general public. While fanciful markings are simpler to submit, they also need to be carefully considered. The company needs to pay close attention to how the target market will respond to the brand. It is best to properly investigate a word to see whether it is simple to memorize, spell, or pronounce. Companies should consider the cultural implications of their fancy mark because brands almost certainly want positive attributions for their business.
Service Mark:
Even though the terms are sometimes used interchangeably, a service mark distinguishes a company’s class of services from those of other providers that offer comparable products or services. Because they are harder to quantify and often have stricter evidentiary requirements, service marks take longer to process than goods. A service mark may not always need to be registered to be used legally.
Trade Dress:
Trade clothing encompass specific aesthetic elements of packaging, interior, or external design. Although the protection is closely related to the product, it also has to do with how the product looks. It’s crucial to keep in mind that trade dress protection only protects a product’s visual appeal, not its functioning. You should consult a patent attorney if you wish to register a unique form for a particular use.
