According to the US Patent and Trademark Office (USPTO), the number of active trademark registrations increased by approximately 80,000 between 2009 and 2010. With more and more business identities seeking protection for their intellectual property rights , trademark attorneys are very busy. . Competent trademark attorneys can not only assist you during the registration process, but can also provide you with proper pre-registration guidance. For example, if you are still contemplating trademark nomenclature, trademark attorneys could provide valuable information for your trademark.
Understanding Trademarks with Trademark Lawyers
Your trademark attorneys would be the right people to explain the various categories of trademarks commonly used and those preferred for a smooth registration. For some basic definitions, the following are the types of trademarks:
Descriptive Marks: They are those that describe the products or services offered. For example, something like “honey coated flakes” would be a descriptive trademark. Typically, trademark attorneys might advise against this, because one descriptive trademark might have similarities to several others that serve the same category of products. However, entrepreneurs are sometimes prepared to face difficulties due to the advertising advantages associated with such descriptive connotations.
suggestive markings: Suggestive trademarks are those that make indirect reference to products and services. For example, something like “Quick Bites” could be used for a snack, “Jaguar” for a car brand, “Leg Ins” for a clothing manufacturing company, etc. These are the preferred options regarding uniqueness compared to descriptive markings.
arbitrary marks: Arbitrary trademarks could be highly preferred for protection purposes. These are commonly used English words that can be used for unrelated products. For example, “Apple” for computers is what an arbitrary trademark is. However, the concept would change with respect to the products they represent. For example, the mark “apple” when used for a fruit exporter, would become a descriptive mark.
dark and fanciful: These marks would provide the maximum protection possible since they are basically single words that have no meaning. They are created by entrepreneurs and the brand becomes their identity. Classic examples of fancy trademarks would be “Xerox” and “Oreo.” While the former has nothing to do with photocopying, the latter has nothing to do with the cookies for which it is a registered trademark. However, they have become generic terms that replace actual products in the process.
Once you have your trademark type, you can go ahead and register it as per the required process with the help of trademark attorneys.
