How to Select a Great Trademark?
Now everything can serve as a trademark. Find out what names can be great trademarks.
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NARRATOR: Matthew Carson makes delicious pizza and delivers it in his mini-van.
NARRATOR: Matthew wants to create and register a good brand for his pizza delivery business. Let’s help him!
MATTHEW: I have a pizza business and came up with a few ideas for my brand.
MATTHEW: Can you help me pick a good one?
TRADEMARK FACTORY: Yes, to select a great trademark simply follow these rules.
TRADEMARK FACTORY: Rule No. 1: Avoid descriptive words!
TRADEMARK FACTORY: That means that marks that describe the nature, characteristics or quality of your products, which is pizza, and services, which is delivery of pizza, cannot be registered.
MATTHEW: So I cannot register FASTEST PIZZA DELIVERY or NO-GMO PIZZA?
TRADEMARK FACTORY: You got it!
TRADEMARK FACTORY: Rule no. 2: Avoid generic words!
TRADEMARK FACTORY: Similar to descriptive words, these words will not help you to stand out from the crowd and will make it difficult to register your mark as well.
MATTHEW [upset] Oh, no! That's disappointing. I was thinking about BEST PIZZA or PREMIUM PIZZA
TRADEMARK FACTORY: No, these trademarks will not be approved for registration.
TRADEMARK FACTORY: Rule no. 3: do not choose someone's full name or last name as trade marks, even if it's your own. First name is OK, several names together are ok, the name plus something else should also be fine. But a trademark that consists of nothing other than a full name or a last name is a no-no!
MATTHEW: Let me guess. I cannot register MATTHEW CARSON or CARSON, right?
TRADEMARK FACTORY: You got it.
TRADEMARK FACTORY: Now let’s talk about what you should do: Rule no. 4: Use invented words”
TRADEMARK FACTORY: Look at some of the great trademarks: DOMINO PIZZA, APPLE, XEROX, VIRGIN, IKEA.
TRADEMARK FACTORY: What do they have in common?
MATTHEW: Well, the names are unique and they don’t describe the products directly. The names are either invented (XEROX) or they don’t related to products (APPLE). I understand...
TRADEMARK FACTORY: Great, so do you have some other ideas for your brand?
MATTHEW: Actually, yes. My daughter came up with this name, PIZAZAZ
MATTHEW: and I was also thinking about CARS-ON-PIZZA and a logo
TRADEMARK FACTORY: These are very good names. They have all the qualities of a great trademark: they do not describe your products or services and they are unique and distinctive. These names will help you to stand out from the crowd
TRADEMARK FACTORY: These names will be easier to register. A design or logo mark is almost always is easier to register.
MATTHEW'S DAUGHTER: "Daddy! daddy! let's register PIZAZAZ!
TRADEMARK FACTORY: Not so quickly!
TRADEMARK FACTORY: There is another rule, rule No. 5. Once you selected a great name, you have to make sure it’s not already registered by somebody else. If it is, your trademark may be considered confusing with the previously registered mark and may be rejected.
MATTHEW: How do I do that?
TRADEMARK FACTORY: Do you want to do it the easy way or the hard way?
MATTHEW: What do YOU think?
TRADEMARK FACTORY: Then simply go on our website, type in the trademark you would like to register using the form on the home page, and we will do a free, no obligation, trademark search for you. By the way, other law firms will charge you for it, but we do it for free.
TRADEMARK FACTORY: "Not only we will you tell if there are any other similar marks but we will also tell you if you mark is descriptive or not registrable for other reasons we talked about.
MATTHEW: I will order it today. By the way, would I go through the same process for the U.S.?
TRADEMARK FACTORY: Yes. The same rules apply to the US and we can also help you search and register your mark there as well.
NARRATOR: PIZAZAZ is confusingly similar to a previously registered trademark PIZAZAZ
MATTHEW'S DAUGHTER: Awwww. Daddy, it was such a great name!
NARRATOR: CARS-ON-PIZZA is registrable.
MATTHEW [shouting]: Woohoo! I selected a great mark for my business! I got a great brand!
MATTHEW [whistling any 3-second tune as he is driving away...]
Disclaimer: Please note that this cartoon is not and is not intended as legal advice. Your situation may be different from the facts assumed in this cartoon. Your watching this cartoon does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this cartoon as the only source of information to make important decisions about your intellectual property.
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