After consulting our blog post on what a “good” or “strong” Trademark is, you may find yourself wondering what a “bad” or “weak” Trademark is. Having a complete understanding of what you should avoid when trying to market your product or service is extremely helpful for a developing business. Speaking with a Trademark Attorney will help you be more aware of what type of things you should stay away from.
A Trademark Attorney will likely inform you that some ideas for Trademarks are less likely to pass though the USPTO Registration process because they do not meet the requirements. The Trademarks that you will likely want to stay away from are those which are considered merely Descriptive or Generic. Your Trademark Attorney will tell you to avoid these because aside from possibly being unregistrable, the Trademark could also not be protectable from infringement.
A Descriptive Trademark will immediately inform a consumer of qualities, characteristics, features, or the purpose of your product or service. For example, “Honey-Baked” in connection with ham would be considered Descriptive. Although this may sound appealing due to a consumer likely recognizing the good or service quickly, a Trademark Attorney will inform you that a Descriptive Mark is not the best route. The Trademark Attorney will tell you that this mark is typically only protectable if used and advertised over an extended period which can be a risk for a developing business.
A Generic Trademark is one that is composed of common words for the products or services you are trying to market. According to the TMEP § 1209.01(c)(i) the test to determine if a mark is generic involves a two part test. First-what is the class of goods or services at issue and Second-what is the meaning of the term. For example, if you own operate a store that sells shoes, simply called “Shoe Store”, you probably couldn’t get a Trademark for the name because it would be deemed generic and denied Trademark protection. A Trademark Attorney will inform you that these marks are unprotectable because it would prevent others from rightfully using the common name for the product or service they make.
Consulting with a Trademark Attorney is the best way for you to ensure that you are choosing a Trademark that is both strong and able to be protected from infringement. If you have a question about whether your brand is trademark-worthy, an attorney at Hartsfield & Egbert can help. You can contact the Attorneys at Hartsfield & Egbert, PLLC at (405) 285-6858, or visit our website www.helawedmond.com and schedule a consultation.