Trademark Design
Trademarking your product names, business name, logo design, slogans and/or Domain Names is one of the most important business decisions you will make. Logo / trademark holders have the ability to prevent their competitors and other third parties from using their registered trademark without permission.
The term trademark is frequently used to describe different types of devices that label, identify and distinguish products or services in the marketplace. Consumers often make their purchasing choices on the basis of recognizable trademarks. The main thrust of trademark law is to make sure that trademarks don't overlap in a way that causes customers to become confused about the source of a product.
In order to serve as a trademark, a mark must be distinctive - that is, it must be capable of identifying the source of any particular goods. In determining whether a mark is distinctive, the courts group marks into four categories based on the relationship between the mark and the underlying product: (1) arbitrary or fanciful, (2) suggestive, (3) descriptive, or (4) generic.
Arbitrary An arbitrary or fanciful mark is one that bears no logical relationship to the underlying product.
Suggestive This is a mark that evokes or suggests a characteristic of the underlying good. Some exercise of imagination is needed to associate the word with the product.
Descriptive A descriptive mark directly describes, rather than suggests, a characteristic or quality of the underlying product (e.g. its colour, odor, function, dimensions or ingredients). This occurs when the consuming public primarily associates that mark with a particular producer.
Generic A generic mark is a mark that describes the general category to which the underlying product belongs.
While trademarks promote products, service marks promote services and events. Generally, when a business uses its name to market its goods or services in the yellow pages, on signs or in advertising copy, the name qualifies as a service mark.
These are symbols, names or devices used by an organization to vouch for products and/or services provided by others. This type of mark may cover characteristics such as regional origin, method of manufacturing, product quality and service accuracy.
Differences between Trade Names and Trademarks
The name that a business uses to identify itself is called a "trade name." This is the name the business uses on its stock certificates, bank accounts, invoices and letterhead.
When used to identify a business as an entity for non-marketing purposes, the trade name is given some protection under international and local corporate and fictitious business name registration laws, but it is not considered a trademark or entitled to protection under trademark laws. If, however, a business uses its name to identify a product or service produced by the business, the name will then be considered a trademark or service mark and be entitled to protection if it is distinctive enough. In much the same manner, a domain name used to identify an Internet-based business qualifies as a mark when it is used in connection with a website that offers e-commerce and/or services to the public.
Trademark Design Tips
A good trademark design is what helps your public remember your business. The right trademark design can be one of your strongest marketing tools.
To choose a trademark design for your business, complete the following steps:
1. | Give some thoughts as to what you want your business to represent in terms of quality, creativity, and value. |
2. | Check out your competition. What type of Trademark Designs are they using? You don't want to be similar or your trademark will not differentiate your business from them. |
3. | Colours and shapes need to be evaluated to help you choose the right colour for your trademark. Are there any that would provide negative or positive effects in your industry? |
4. | Locate one (or more) good graphic artists. Providing them with the information about your business, its name, and any other relevant information, contracts us to design you a number of possible trademark drafts. |
5. | Test market the logos with family, friends, and potential clients. |
7. | Test market and revise one more time. |
8. | If desired, trademark the logo design. |
9. | Have your letterhead, business cards, envelopes signs and packaging printed! |
Copy Right
You win all the rights to the Images.
Unlike other service providers, UGI does not hold on to the rights once they have been handed over.