Important notes about five types of Trademark

A trademark legally protects a term, symbol, phrase, logo, design, or combination of these that represents the source of products or services. Conventional trademarks are divided into five categories: generic mark, descriptive mark, suggestive mark, fanciful, and arbitrary mark. This article will discuss about Important notes about five types of Trademark that businesses need to remember.

Five types of Trademark

Five types of Trademark are:

• Generic Marks: A generic mark is one that is not eligible for statutory protection. Some marks, on the other hand, become generic as a result of their continuous and extensive use throughout time. In such circumstances, the product or service becomes associated with the trademark. A generic mark necessitates a higher level of proof to be protected, and the burden of proof falls squarely on the person who claims the distinctiveness of the generic mark is significantly higher. A local shoe store that simply called itself “Shoe Store” for instance, would have no rights to that identifier.
• Descriptive Marks: Descriptive marks are those that describe a feature of the goods or services in question. The descriptive element can be a product or service’s quality, quantity, type, and so on. However, if these markings gain a secondary significance, they may be eligible for protection. To be considered a descriptive mark, it must progress from what the brand represents to who the brand represents.
• Suggestive Marks: Suggestive marks just hint to the purpose of the goods/services protected by the trademark. Such marks necessitate the consumer’s imagination in order to build a link between the mark and the goods/services it covers. For example Microsoft, Netflix, etc.
• Arbitrary Marks: An arbitrary mark may comprise a term or phrase having a well-known meaning, but its meaning is different in this situation. Apple, the computer and electronics manufacturer, is the best example of an arbitrary mark. The phrase “Apple” is well-known, but in this case, the mark has nothing to do with the term’s general meaning.
• Fanciful Marks: Because they have no other meaning, fanciful marks are invented for the sole purpose of being utilized and registered as trademarks. They have the broadest extent of protection since they are intrinsically distinctive and unique. We can take Pepsi, Nike, Adidas as examples. Because these phrases have no significance in common parlance, trademarking them does not infringe on the rights of other companies that sell identical items.

Why are types of trademarks important?

When applying for trademark protection, it’s critical to grasp the distinctions between the various types. It will be difficult to obtain legal protection if your phrase, term, symbol, or emblem is too general. It may be useful to explore altering your mark so that it qualifies more readily.

A trademark enables consumers to quickly identify the source of products or services, resulting in trademark distinctiveness. There was confusion in the marketplace prior to the enactment of more stringent trademark laws. Because consumers couldn’t easily identify the provider of services or commodities, achieving brand loyalty was tough.

Infringement occurs when someone else uses a confusingly similar mark. It is difficult to prove who used the mark first if neither party owns a trademark on it. As a result, business owners should apply for a trademark as soon as possible to avoid losing the possibility.

(Source: upcounsel)