Online Trademark Registration | Categories Of Trademark Registration

Trademarks can be categorized into four categories of uniqueness, from most to least idiosyncratic: descriptive, coined, suggestive and arbitrary. Words and designs that lack any uniqueness fall into a fifth category, “generic,” and cannot function as trademarks.

• DESCRIPTIVE MARKS

Descriptive marks are amongst the least unique and weakest marks. An explanatory mark is a word or design that explains the product or service directly in a manner that does not necessitate any thoughts. Companies may be enticed to use descriptive marks as they want customers to know the nature of the product or service immediately upon seeing the mark. The transaction is that descriptive marks might be hard to guard and to register in the U.S. Patent and Trademark Office as they are not principally idiosyncratic relative to the service or product. Designs or words that begin as just evocative marks can get uniqueness, or “secondary meaning,” over time if customers ultimately learn to know them as trademarks. But, it may take few years or more and millions of dollars in promotion and advertising before customers will identify the words or designs mainly as trademark registration services instead of just ordinary words or designs with no particular meaning.

• COINED MARKS

Coined marks are at the top of the level in regards to strength and distinctiveness. A coined mark has no connotation at all aside from its association with a product or service—it is a “made-up” word.

• SUGGESTIVE MARKS

Suggestive marks are not as distinctive, however, may still be regarded as strong marks. A suggestive mark points at few function or property of the service or product, but does not explain it directly. A customer is necessary to use a degree of thought or thoughts to determine the exact nature of the goods. Suggestive marks frequently comprise words that exemplify characteristics or desirable qualities associated with a product or service—such as speed, efficiency, comfort, accuracy, or elegance.

• ARBITRARY MARKS

Arbitrary marks are second on the scale of strength and distinctiveness. An arbitrary trademark is a word that has a usual dictionary meaning, but has no special meaning in regards to the goods or services to which it is applied, apart from its source-identifying function.

The generic or common name of a product or service can never function as a trademark. A generic term cannot be registered with the USPTO and cannot be protected. A word that functions as a online trademark registration initially can lose its trademark implication and become a generic term if consumers use the mark in a generic sense improperly to identify a specific type of product or service irrespective of source. This phenomenon is at times known as “genericide.”

In addition to use of a trademark by the trademark owner, trademark rights may be maintained through a licensee’s controlled use of the mark. Your legal representative can advise you on the technological rules and requirements that relate to trademark.

These are some of the essential categories of Trademark Registration that are vital for businesses.