General Types Of Trademarks
Potential trademarks are generally classified in 1 of 4 general categories: Generic, Suggestive, Fanciful, and Arbitrary. Within each sector, trademark classes break down by the market segment in which the mark is being used. The best category for you and your business needs depends on the types of products and services offered. An HPS Law Group trademark attorney will help narrow down where your business aligns.
Generic or Descriptive Marks: Common colloquial terms that everyone has the right or ability to use. These trademarks describe a general class of products or services and, due to popularity, become a synonymous term for a particular object or product. Brands take care to ensure that their trademarks do not become generic terms because they are afforded very little protection under trademark law. The United States Patent and Trademark Office will not register a generic or descriptive mark.
Suggestive Marks: Describe the character, qualities, or goods of a product or service without actually describing it. Examples include Netflix for streaming devices. Suggestive marks are not considered to be as strong as fanciful or arbitrary marks but are eligible to be registered on the Federal Trademark Register.
Fanciful Mark and Arbitrary Marks: These trademarks are relatively easy to register because these are made-up or unknown words to the public with no relation to the particular service provided. The way that Apple describes computers or Nike describes athletic footwear are examples of arbitrary or fanciful trademarks. Nike holds three different trademarks for its slogan, company name, and check design. Nike’s trademarks affirm that the brand is protected and prevents unauthorized use of an intellectual property.
As a business owner, taking the time necessary to understand the metrics of your business development is critical. Let an HPS Law Group attorney go over your options.
What Does a Trademark Protect?
Trademarks protect your intellectual property rights to works and products with logos, symbols, phrases, lyrics, and more. With these checks and balances in place, entrepreneurs have the freedom to market and conduct business operations specific to their brand. Without these legal technicalities, companies face the likelihood of trademark infringement without effective remedies. If the product is profitable and desired by the public, businesses leave themselves exposed to knockoff brands trading on their reputation and goodwill. With the legal counsel of an HPS Law Group trademark lawyer, you can rest easy as an entrepreneur knowing your business reputation and brand are in good hands. A trademark attorney will help you accurately register your business stamp and act as a counselor and adviser in case of infringement.
When Should I File My Trademark Application?
Every business has its own unique circumstances, but from a pure protection standpoint, it is in your best interest to trademark your business as soon as possible. There are multiple benefits to filing a trademark like brand exclusivity, prestige, credibility, and ensuring you are not infringing upon someone else’s mark. Acting too late as a business owner may require you to shift your business focus or completely start from scratch. A trademark attorney will conduct a simple trademark search for your brand to determine if your business is set to go or requires tailoring or further consideration. The sooner you start, the better the opportunity and the greater your peace of mind.
Will Working with a Trademark Attorney Increase My Likelihood Of Approval?
Starting a business is stressful, and there are many facets involved even before a full launch is ready. One of these facets includes federally registered trademarks. A federal trademark allows you to reserve the rights to your brand while it is in the developing stage. Working with a knowledgeable trademark attorney will increase the likelihood of approval and make your brand seem more official. A trademark attorney will ensure all the necessary documents are filled out accurately and in their entirety. A professional and experienced HPS Law Group lawyer will check off all points of clarity before your trademark submission that greatly improves your chances of a speedy approval and registration.
If you are an established business owner or a small start-up looking to trademark your brand, contact an HPS Law Group attorney in Phoenix, Arizona, today. Our attorneys have extensive experience in many business areas, including; copyrights, patents, estate planning, intellectual property, and trademarks. Whether you are an established business or just starting, HPS Law Group understands what companies need and will help facilitate an easy legal journey to keep your business thriving. Join our community of successful testimonials with years of positive results from large companies and entrepreneurs in our hub. We offer many legal and property services ranging from law counsel, guidance, and clarity to asset management. Contact our office today to receive a free consultation and learn about your options.