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What makes a Good Trade Mark?
February 15, 2013
MyTechnologyLawyer
Web Edition
A good trademark is one that is memorable, and which communicates the qualities about your company or product that you want the buyer to remember or recognize. Trademarks can be fanciful, suggestive or descriptive.
Fanciful marks are best. These names or symbols have no connection with the product or company except that which is created by the owner through advertising or marketing. One of the best known examples is "EXXON", which before the term was coined by the oil and gas giant was not even a word. Our recognition of the term as identifying the oil and gas company with which it is associated is solely a by-product of the investment the company made in advertising the mark.
Suggestive marks are also favored. These marks associate the qualities recognized in the mark display with the product or company advertised in connection with the mark. Examples include "Tony the Tiger", "The Rock of Gibraltar" and "Betty Crocker".
Descriptive marks are least favored, and, if deemed descriptive by the United States Patent and trademark Office, not registrable. These marks describe the product or company itself. While we may recognize the description, our recognition derives from the descriptiveness of the mark rather than any investment in marketing or advertising. Such marks cannot be protected under law as Trademarks.
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