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Why conduct a trademark search?

A trademark being searched on a computer

Conducting trade mark searches is an essential part of the process of choosing and protecting new brands. It is fair to say that it is also frequently the most frustrating part of the brand protection process for clients given the possibility that a proposed brand name is unavailable with the consequent need to go back to the drawing broad and start again. But why is searching so important anyway and what does it achieve?

Why should I search?

Before you choose a new brand name, it’s vital to know whether it is safely available both for use and registration. There is little point in spending large sums of money on brand creation or brand development only to discover that your new name is not available because it would infringe an existing registered mark. The purpose of clearance searches is to find out whether your proposed name might infringe a third-party registration. We also want to find out whether an application to register your proposed name is likely to succeed or to be blocked, either by the registry or by an existing brand owner.

How do I know if I’m infringing?

A registered trade mark gives the owner the exclusive right to use that mark in trade for the protected products or services covered by the registration. However, those exclusive rights extend also to cover similar trade marks and similar goods or services. Depending on how distinctive the registered mark is, that means that the owner could enjoy a broad scope of protection, extending far beyond preventing use of the same mark for the owner’s products to preventing a merely similar mark for merely similar products or services. Moreover, in most countries, such as the UK, there is no obligation to use a registered mark for the first five years of registration. This means that the registered owner can prevent the use of its mark based on its protected products or services even if it is not using its registered mark for any of them. Furthermore, the owner of a mark with a reputation can even prevent the use of a similar mark for dissimilar products or services in certain conditions. All of this makes it extremely important to carry out clearance searches before launching a new brand name.

What kinds of searches are available?

The key point here is that there are many kinds of searches available, depending mainly on how much you are prepared to pay. At one end are free online trade mark searches such as the online search facilities provided by the UKIPO or the EUIPO. These are free and easy-to-use search databases which aim to give brand owners at least an initial idea of the situation. Their main limitation is that they are essentially identical or near-identical searches only which means that they will not necessarily identify relevant marks which could pose a serious infringement risk. At the other end of the scale are full clearance searches where the search data is reviewed and prepared by professional search companies. These are far more comprehensive and reliable, and they aim to identify all potentially relevant prior trade mark filings and registrations.

What are so-called common law searches?

It is important to remember that an existing brand owner may be able to object to use or registration of your new mark based on unregistered trade mark rights, even if it does not have any registered mark. In the UK, these are called common law rights because they rely on unregistered legal rights such as passing-off rights. However, given that such rights are not registered, they will not be identified in any search of the trade mark registers, no matter how comprehensive or expensive the register search. They can only be identified, if at all, by conducting searches of actual trading activity such as online web checks, telephone directories, company name and domain name searches or trade directories. Although common law searches can never be 100% definitive, they can reduce the risk level to a manageable level.

What are the possible consequences of not searching?

The possible consequences of launching a new brand without first conducting any searches are potentially disastrous. You could, for example, be sued for infringement by an existing registered trade mark owner or by an unregistered owner who claims passing-off. A successful legal claim usually leads to an injunction- stopping all trading use of the offending mark – along with damages or delivery up of all infringing products and materials. When viewed in this light, spending a few hundred pounds on a full pre-launch clearance search is money well-spent. Even if not sued for infringement, without a search you may well find your trade mark application blocked by the Trade Marks registry or opposed by an existing trade mark owner.

So, what should I do before I settle on a new brand name or before product launch?

Our strong recommendation is that before you spend any significant sum of money in relation to a new brand name, you carry out clearance searches to make sure that it is available for use and registration, here in the UK and internationally too if necessary. While identical searches using free online registry tools are a good start, they do not provide any guarantee that your new brand name is available for use or registration. The safe option is to instruct us (or your trade mark expert) for advice on searching.

Here at the Trademark Hub, we have a wealth of experience in helping the full spectrum of brand owners – from sole traders and SMEs through to multinationals – to search, protect, and enforce their brands and designs both in the UK, in Europe, and around the world. We are always happy to answer your questions, including working with you to search and clear your brands for use and protection in the UK, the EU, and internationally.

Mac to Basics: McDonalds Trade Mark & Supermacs

Should MacDonald’s fast food restaurants be entitled to object to any brand featuring “Mac” or even “Mc “by other food traders? MacDonald’s certainly thinks so which is why it has opposed a European Trade Mark (EUTM ) of the word SUPERMAC’S by Irish fast food chain Supermacs Ltd.

Supermac’s brand has coexisted in Ireland for over 30 years with the famous MACDONALDS name. However, when the Irish chain decided to expand internationally and filed an EUTM for SUPERMAC’S, MacDonald’s objected. Apart from claiming consumer confusion, MacDonald’s argues that “SUPERMAC’S” takes unfair advantage of its famous reputation in the food sector. It also dismisses as irrelevant the fact that both of these two fast food brands have coexisted for decades in Ireland.

The owner of Supermacs is reported to have said that his company should win the dispute if logic and common sense prevail. Without expert advice from a trade mark lawyer, you may well agree with the owner of Supermacs that logic and common sense say that consumers would not confuse “SUPERMAC’S” and “MACDONALDS”. But the law is not always a matter of logic or common sense!

In fact, in 2016 the EU General Court decided that the mark MCCOFFEE infringed McDonald’s trade marks.

We await the decision of the EUIPO in the SUPERMACS dispute which is likely to issue within the next few months. In the meantime, before you launch a new product brand or expand into a new market, you should get professional help from a trade mark expert who will work with you to ensure your brand is safely available for use and registration both in the UK and elsewhere. That way, you can avoid finding yourself on the wrong end of a trade mark dispute, having to go “mac to basics” for a new brand identity.

At the Trademark Hub, we have a wealth of experience in helping the full spectrum of brand owners – from sole traders and SMEs through to multinationals – to protect and enforce their brands and designs both in the UK, in Europe, and around the world. We will be delighted to help you.

Cease And Desist Letters For Trademark Infringement

Cease & desist letter for trade mark infringement

Trade mark infringement can be a serious matter which needs to be addressed as soon as it is discovered. Companies, or individuals, who infringe a trade mark do not often understand the legal implications of copying or using a mark without permission. On the other side, trade mark owners are also unaware of the process of stopping trade mark infringement. In this post, we will look at the first step taken to stop trade mark infringement. A Cease and Desist letter.

What is a Cease and Desist letter?

A Cease and Desist letter is a document which is served to an individual or business to request they cease from continuing a specific act. It also requires the offending party to correct and/or compensate the damage that has been done from an offensive act.

Cease and Desist doesn’t just apply to trade mark infringement. It is also used in cases of defamation, harassment and other forms of IP.

The letter serves to point out wrongdoing on the part of another person or entity with a legal justification. The letter is often used to end the wrongdoing which in the case of a trademark infringement would be copying or using a trademark unlawfully.

Is a Cease and Desist letter legally binding?

A Cease and Desist letter is not legally binding. It represents an opinion of a person, usually a trade mark attorney or intellectual property (IP) solicitor hired by the aggrieved person or party.

The letter isn’t an indication of court action being pursued, but is likely to be the next course of action if the letter doesn’t achieve its intended purpose.

Using a Cease and Desist letter in a trade mark infringement matter

If your trade mark is copied or used by someone else without permission, the matter needs to be investigated first to see if it is a case of trade mark infringement. Once established, the very first step is to send the letter to the alleged trade mark infrniger to stop the trade mark infringement. In many cases, this is often enough to stop the offending party.

The letter should include details of the trade mark. The name, logo or slogan. When the trade mark was filed, what class or classes it covers and the date you found the trade mark being unfairly used or copied. You should include all proof that you have found of the infringement to strengthen your case. Finally, the letter should include a section on what the offending party can do to rectify the situation.

Although a Cease and Desist letter can be written by anyone. It is more appropriate for a trade mark attorney or intellectual property (IP) solicitor to draft it because they have the knowledge and understanding of the area to make a more compelling case for infringement.

Trade Mark Infringement Process

Paypal infringement matter

Trade mark infringement is far more common than most business owners would expect. Brands that start developing a good reputation in the marketplace are often copied or imitated by other companies trying to capitalise on their growing goodwill. In this post, we will discuss what the trade mark infringement process involves and how a company can enforce their trade mark rights.

What is trade mark infringement?

If a company uses an identical or similar trade mark for the same set of goods or services to a registered trade mark, they are committing trade mark infringement. Due to the similarity, the trade mark can cause confusion in the public. Consumers might believe that the product or service being offered by the company bares a relation to the registered trade mark.

This can lead to a number of issues for the company with the registered trade mark. It can cause a decline in their sales. Their reputation can be affected if the similar product or service is of sub-par category thus being detrimental to a mark’s distinctive character leading to dilution of their trade mark.
A good example of trade mark infringement by an identical logo can be seen below

UNIQLO trade mark copy MINISO

When a trade mark has significant reputation, any same or similar mark will also be counted as an infringement regardless of what products or services are being sold. A company cannot use a similar sounding name or logo to a reputable trade mark.

How do you address trade mark infringement?

Once a clear case of trade mark infringement has been established, the company with the registered trade mark has to enforce its protection. This can be done in a number of ways which have been outlined below.


An often necessary step in most legal matters, mediation can be used to come to an agreeable settlement between two parties. It is a cheaper and quicker alternative to court action. The UK Intellectual Property Office (IPO) provides accredited mediation services covering a range of intellectual property rights.

Using Intellectual Property Enterprise Court (IPEC)

IPEC has been created to help small and medium-sized companies as well as individuals to resolve intellectual property (IP) issues in a more affordable manner. A trade mark infringement matter would be covered under the IPEC.

IPEC offers two procedures, which are listed below.

  • IPEC (Small Claims Track): Claims less than £10,000. No legal representation is required.
  • IPEC (Multi Track): Recoverable costs are cappeTraded at £50,000, while the value of damages claim is capped at a maximum of £500,000.

Any claim worth more than £500,000 in damages or lost profits will have to be taken to the High Court.

How would a trade mark infringement process be started?

If a company finds a clear case of trade mark infringement, it is recommended that they contact a trade mark attorney to discuss the matter. In doing so, they can learn what the steps will be in order to deal with the matter.

As a first step in stopping trade mark infringement, the infringer must be notified of the issue through a cease and desist letter. The purpose of this is to stop them from continuing the use of their trade mark and understand the consequences they can face as a result of this infringement.

Mediation services can be used at this point as well as an attempt made to amicable resolve the matter directly between the two parties. This is often requested before court action is taken and is seen as a positive step.

Once no resolution can be achieved either directly or through mediation. The next step is to escalate the matter in the court. This is time consuming and costly.
One of the most important aspects of trade mark infringement is gathering evidence of losses, damage to reputation or any other issues caused by it. This can be difficult, especially proving financial losses as a result of trade mark infringement. Some methods of quantifying losses are through researching website traffic, brand recognition online and obtaining company financial information, if possible.

The same applies for proving damages to reputation. If the infringer has received negative feedback and reviews publicly, it can be used to show damage to reputation.

If you were to come across a case of trade mark infringement, it would be best to start by contacting a trade mark attorney or intellectual property solicitor and then following the steps outlined above.

How to use your trade mark after registration?

A common question that we get asked is how should a trade mark be used once you have obtained registration. Luckily, there are guidelines available for this, and I’ll summarise them in this post.

Imagine a customer looking to buy a new pair of sunglasses. She finds the section for her favourite brand only to notice that the font in their logo is different. This can cause confusion and might end up costing the company a sale. Incorrect use of a trade mark can also jeopardise its validity and protection against copycats.

Having and following guidelines for trade mark usage are essential in building a brand. After all, you’d want strong brand recognition. Most importantly, proper use of a trade mark will protect it from unlawful use. So how should you use a trade mark?

A logo trade mark and its consistent use

The colour, format, font and placement of a logo is very important for branding. If your logo was filed with a specific colour scheme, then it should always be used in those colours. When providing your trade mark to a third party, you should provide the colour specification (pantone). You should also create and provide brand guidelines on the way your trade mark should be used and printed to everyone using your branding.

The image from University of East Anglia below displays how their logo should be used.


Using the ® icon in advertising and labelling

The ® icon is used to alert the public that a sign is a protected mark and discourage others from using it. Although not compulsory, you should use it in advertisements and labels because of the wider visibility that these receive. Using it will deter copycats from taking advantage of a trade mark.

A trade mark is an adjective

A trade mark is an adjective so it cannot be expressed as a noun or or verb. An example of this is as follows:

Correct: I had a coffee from Starbucks in the morning.

Incorrect: I had a Starbucks in the morning.

I’ll use another brand to illustrate the point. Ray-Ban would need to be used as follows:

Correct: Buy the latest Ray-Ban sunglasses on sale now!

Incorrect: Latest Ray-Bans are on sale now!

Incorrect use of a trade mark combined with its common use can make it genericised. In this case, a trade mark become so common that they lose their value as a trade mark. This was the case with trade marks such as Hoover, Aspirin and Kleenex. A trade mark being genericised is more common for very well known brands than lesser known ones.

Further guidelines for trade mark use

For greater impact, the trade mark can be distinguished using italic, bold or capitalised letters. It’s also common to monitor the use of your trade marks by third parties. If you license or franchise your brand, it is necessary to keep an eye on how others are using it. Finally, there should be a regular review of your trade marks to see if they need to be registered, licensed or renewed.

If you would like further information about use of your trade mark, please contact us on 020 7791 9050 or email us at

Jose Mourinho’s Trade Mark: Can Companies Own a Name

Jose Mourinho and his trademark with Chelsea

During the recent announcement of Jose Mourinho being signed as the manager of Manchester United, it was revealed that his name is a trade mark owned by Chelsea. This was reported to be a stumbling block which delayed the signing. This raises the question on whether a company can own a person’s name as a trade mark.

The history of Jose Mourinho’s trade mark

Chelsea Football Club filed ‘Jose Mourinho’ as a trade mark in 2005 under various classes. This was a first where a managers name was registered as a trade mark. The popularity and marketability of Jose Mourinho was the reason why they decided to obtain the trade mark. The football manager has been successful in carving out a brand for himself.

Can a company own the trade mark instead of the person?

The owner of the trade mark is the entity that has filed for it to be registered. In this specific case, Chelsea Football Club filed for the trade mark and they would have obtained permission from Jose Mourinho himself. The name is a commercial entity which can be used for trade purposes and that is why it was protected. If a company has the relevant permission, it can file a trade mark and count it as one of their IP assets. From Jose’s perspective, the better way would have been to file a trade mark himself and license it to Chelsea.

Licensing a trade mark instead

A person or company would be better off by obtaining a trade mark and then licensing it out to another party. This is something that would be negotiated by Jose Mourinho’s legal team, but they will have to cover the costs of the transfer as well as potential loss of earnings. Without the permission of the trade mark owner, Manchested United would not be able to use the name on their merchandise or any commercial activity in general.

This is a unique situation, and the parties involved would be able to find solution primarily because of the clout of these Football clubs. They can afford to spend money on legal fees and/or licensing fees to use the trade mark. For smaller companies or ones not so financially able, the whole process would be costly and challenging.

Learning from Apple’s trade mark issues in China

Apple's trademark issues with 'iPhone' in China

Apple Inc, the tech giant, recently lost a court battle over the use of the word ‘iPhone’ on leather goods in China. A local company called Xintong Tiandi will continue to have the legal right to use ‘iPhone’ on leather goods. As expected, Apple wasn’t happy with the decision and will be requesting a retrial in the Supreme People’s Court. As this trade mark battle continues, what lessons can be learned from this episode?

The trade mark system in China

The Chinese trade mark system is considered to be complex and murky. Trade marks can be filed on a ‘first to file’ basis instead of ‘first to use’ basis. What this means is that any company that files a trade mark first has an opportunity to obtain the registration. A trade mark search in the Chinese Trade Mark Office website shows 247 different results for ‘iPhone’ under different trade mark classes. Most of these are from local companies.

‘iPhone’ trade mark history in China

Apple filed a trade mark application for the word ‘iPhone’ in 2002, but only for computer hardware and software. The registration was granted in 2013. Xintong Tiandi had filed for its ‘iPhone’ trade mark in 2007 when the iPhone went on sale globally. The court decided that trade mark wasn’t popular and synonymous with Apple in China until 2009 when it was introduced in the country. Based on this, they lost the case.

Learning from Apple’s trade mark issues

Apple previously had an issue with their trade mark ‘iPad’, which they bought from the wrong company. It is common to find ‘trade mark trolls’ in China. Companies looking to expand into China might find that their trade mark is already registered. The most effective method of overcoming this issues is to file your trade mark as soon as possible. Had Apple filed ‘iPhone’ under multiple classes it would not have been in the situation it is in today.

Apple will continue to pursue this case because of its financial strength and a strong case, but most small to medium sized businesses would not be in the position to do so. As stated, the best advice is to protect your brand as soon as you create it.

Why you should use a lawyer to file your trade mark registration

Trade mark lawyer filing a trade mark

Filing a trade mark registration can be an expensive process, so it is unsurprising that many people question whether they should try to reduce costs by filing the application themselves, rather than employing a trade mark attorney. However, it is important to weigh up the potential savings against the risk of problems and higher costs later on that can come from not having professional help. Any errors made in your trade mark application can end up being very costly, both in time and money.

Correctly Filed Trade Mark Application

If your trade mark application is improperly filled in, or incorrectly filed, then it is very likely to be rejected and you will lose the filing fees. If you want to try again to register your trade mark, you will have to pay the full fees again, making the filing process a lot more costly than necessary. Using a trade mark lawyer to help you file your application means that it will be filled in correctly the first time, leading to a much lower risk that it will get rejected, saving you the cost of subsequent re-applications.

Using a trade mark attorney can also speed up the process of obtaining your trade mark. The application process can take 5-8 months depending on the type of trade mark. If you fill in the application yourself and it is rejected due to mistakes, you will have to re-apply and potentially wait another 8 months for your trade mark protection. A professional trade mark lawyer will know how to file your application correctly, greatly reducing the chance that your application will be rejected and the process will have to be repeated.

Once you file an application, your trade mark is provisionally protected, but you cannot enforce this protection by filing a trade mark infringement or damages claim until the trade mark registration is complete. If your application is rejected because you have filled it out incorrectly, this leaves you without protection and your competitors could use your mark without any legal consequences.

Trade Mark Classes & Descriptions

The trade mark application process is a lengthy and relatively complicated one, particularly when it comes to classifications. There are 45 classes of goods and services that you have to choose from, and often registrations fail because the incorrect class or classes were indicated on the application. In addition to this, if you select a class on your trade mark application, then don’t use your mark for those specific goods or services within 5 years or registration, your trade mark could be challenged and possibly revoked. A trade mark lawyer will be familiar with all of the classes and their definitions, and will be able to advise you on which ones you should select to protect your trade mark, removing the confusion and considerably decreasing the risk of your application being rejected.

Third parties, i.e. your competitors, have an opportunity to oppose your trade mark application as part of the registration process. If this happens, you will have to defend your application.  In the UK, if you fail to defend your application, it is deemed to be abandoned and the you may be liable to pay third party costs.  A trade mark attorney is best placed to advise on the necessary steps to take in case of an opposition. They will find the arguments to put forward for a case and can allow you to overcome that opposition.

UK or EU Registration

When registering a trade mark in the UK, you have a choice of applying for a UK trade mark, or an EU trade mark. The UK trade mark and EU trade mark provide different protections for your brand, and your trade mark attorney will be able to advise on which is best for your business and specific trade mark. Although the EU trade mark filing fees are more expensive than for a UK trade mark, your trade mark attorney will be able to let you know whether it is advisable to apply for EU protection to avoid potential greater costs and barriers to international trading in the future.

So how much does it actually cost to use a trade mark attorney to register a trade mark? Take a look at our trade mark calculator to get an idea of how much your application will cost with our team of experienced lawyers. We offer three different packages – Bronze, Silver and Gold – depending on the level of support you require, and our Gold package even comes with a money-back guarantee!* Plus, you can complete the entire process online with us – no need to come to our offices or spend hours on the phone.

Got more questions? Contact us with your query and we can phone or email you back, or you can talk to us using our live chat feature, we’re here to make the trade mark application process as easy and straightforward as possible for our clients.

*T&Cs apply

What is a trade mark class?

A trade mark class, or classification, is a category which describes the type of goods or services your trade mark represents.

E.g. Class 25 – clothing, footwear, headgear. Class 35 – advertising, business management, business administration

Find out more about trade mark classes

What is the difference between a UK trade mark and an EU trade mark?

A UK trade mark protects your brand in the UK, and is less expensive to file than an EU trade mark.

An EU trade mark, or Community Trade Mark, protects your brand in all 28 countries that are part of the EU.

Find out more about UK and CTM trade marks

Domain Names & Trade Marks

Domain names and trade marks

For many people there can be some confusion surrounding the terms trade mark and domain name, and this blog hopefully clarifies both terms as well as encourage startups and existing businesses to use companies with expertise in these areas.

Will a trademark give you right over a domain?

One question that is often asked is whether having a trade mark, automatically means you have a domain name.  Quite simply, no, they are two different things.  As you know from previous posts a trade mark identifies the origin of goods or services, and if an owner of a good or service would like to use its trade mark as its domain name, the owner must purchase the domain name registration.   There are companies whose brand is their domain name for e.g. in such a case the domain name needs to be registered as a trade mark.

It is important to note that the use of a domain name merely as an informational part of the domain name holder’s internet address does not qualify as trade mark use.   Some examples of domain name used only as an Internet address include:

  • A domain name that displays only in the Internet address bar
  • A domain name that merely redirects website traffic to another website
  • A domain name that is used in close proximity to language referring to the domain name as an address
  • A domain name that is displayed merely as part of the contact information for the domain name owner

What does a domain need to be considered as a trade mark?

To qualify as a trade mark, the domain name must function as a mark.  That means it must serve as an indicator of source and not merely as an informational part of an Internet address. If the domain name functions separately as an indicator of source, it may be registered with the appropriate trade mark office as a trade mark. For example, a domain name that is displayed prominently and frequently on a webpage might function as a trade mark.  A key factor in determining whether the use of a domain name rises to the level of trade mark use is whether consumers view the domain name as a symbol of origin separate and apart from anything else.

It is important to note that both domain names and trade marks can expire.  The expiration date of a domain name depends on the term agreed when you registered the domain name, and this can easily be renewed.  If a trade mark is not renewed before the due date, the registration expires (they usually run for ten year periods).  These processes are both quite straight-forward (but many people make mistakes, which can be costly and time consuming), so Trademark Hub are always on hand if you ever have any questions, or if you need to renew your trade mark.

Remember, a trade mark and a domain name are not the same, and quite simply are two very different things.  The two can inter-link, however, it is advised that you speak to an expert when looking at getting any aspect of your business trade marked, even if it is the domain name!

US Trade Mark Categories – Infographic

A person searching for US trade mark categories

The process of registering a trade mark is different across the pond in the United States. Trade marks in the US are divided by categories, which are ranked by distinctiveness. This system allows the United States Patents and Trademarks Office (USPTO) to evaluate trade mark applications. The 5 categories are listed as follows:

  • Fanciful trade marks: Fanciful trade marks are made-up words which are invented to be used as a trade mark name. They don’t have a meaning or are associated with anything. Good examples of fanciful trade marks include Polaroid and Exxon. From a legal point of view, once fanciful trade marks have become reputable, they would be easier to protect due to their uniqueness. It would be easy to find and prevent competitors from using a similar or identical mark.
  • Arbitrary trade marks: Arbitrary trade marks are words that have a real, common meaning. However, the meaning of the mark is unrelated to the goods or services offered under the mark. Good examples of arbitrary trade marks include Apple and Dove. Apple is a fruit, but it doesn’t have any relation to computer hardware produced by Apple.
  • Suggestive trade marks:  A suggestive trade mark is named after a characteristic of the product or service. There has to be an imaginative element to the trade mark so that the consumers can make a connection with the goods or service. Good examples of suggestive trade marks include Netflix and Microsoft. Netflix suggests online films in a suggestive and unique manner. A potential problem with suggestive trade marks is that some of them can be seen as descriptive by others.
  • Descriptive trade marks: Descriptive trade marks are descriptive of the goods or service. They can partly or wholly describe the goods or services being sold under the mark.  Good examples of descriptive trademarks include British Airways and Best Buy. For a descriptive mark to acquire substantial protection by the USPTO, the brand has to develop a “secondary meaning”, which is developed through “significant advertising budget” and over a 5 year period.
  • Generic trade marks: Generic trademarks cannot be protected as they are simply a generic description of the product or service. The USPTO has decided that categorical terms should be freely available for public use. Good examples of generic trademarks include Band Aid and Thermos. Certain marks, like the examples provided, were once protected trade marks, but they have been afflicted with “genericide”. This is when a word becomes so generic it loses its legal power as a trade mark.

Our infographic below summarises the five categories with examples of famous trade marks in each category.

Infographic displaying trade mark categories used in USA

It should be noted that the generic trade marks shown in the image above have all been afflicted with ‘genericide’.

Now, which category of trade marks should you choose in the US. It is unanimously agreed that fanciful and arbitrary trade marks are the way to go. They are easier to register, and make it easy for you to enforce your protection in the future. However, most companies would prefer to register a suggestive or descriptive trade mark so that consumers can make an instant connection with the goods and service sold under the mark. From a marketing perspective, it would take considerable time and effort to build a brand reputation with a fanciful or arbitrary mark. Hence the preference for the other two categories.

When looking to register a trade mark in the US, you should speak to a trade mark attorney in order to get professional advice. They will help you choose the right mark, which is sound from a legal perspective and is also marketable.