Common sense dictates that the best trademarks are those marks that leave an impression on the consumers. And the higher the recall value for these marks, the higher the chance that the company will rack up sales. With this in mind, it is always a good move to invest in only the best trademarks that will be used for the business. Now the key to making the marks work for the organization is for it to leave a lasting mark in the hearts and minds of consumers and the buying public. Now, this can be done by following two (2) general rules in mark assignment. One is by making sure that you avoid confusion in the designation of these marks and by making sure that the marks are highly distinctive.
Try to avoid confusion
In the selection of marks, it is always recommended to double-check if the selected marks have already a duplicate in the market. All efforts will be for nothing if there is already another entity in the market that adopts your idea, or your proposed marks are at least similar to other products and services. From a legal standpoint, this is known as the likelihood of confusion. Courts and regulatory agencies will make use of this test in order to determine if you are infringing on the registered trademarks of the other companies.
There are certain validating questions that are asked in relation to this test. A major question asked is whether or not the consumer and the user of the product or service will be confused or deceived with regards to the provider of the product or service. But it should be kept in mind that this validating question is only applicable for products and services belonging to a certain general category.
Push the envelope for distinctive marks
And the second rule that should be followed when formulating company trademarks is the need to identify the names and marks that are highly unique or distinctive. And the strength of the brand name or mark chosen will be dependent on the category where it falls. Are the marks arbitrary? If that is the case, then you are on your way of developing a very strong name and mark for the business. If the decided mark is too general and non-specific, then the mark will be too weak for use in a highly competitive market.
The rule of the thumb here is to make sure that the marks that will be selected will be able to represent the goods as they are as offered in the market. Also, try to veer away from the descriptive marks that simply describe the product or the service. The problem here is that you cannot register the brand name or mark with the USPTO, thus your company will not be eligible for protection against infringement.
With these things in mind, careful evaluation should be in place before deciding on the trade names and trademarks. Always test for the likelihood of confusion and make sure that your business always strives for the highly distinctive marks.
