Trademark Lawyers

Types Of Trademarks And Choosing The Right One For Your Business

Navigating the intricate legal web of logos and corporate branding can be daunting. Whether you’re an ambitious entrepreneur or an established business, getting a trademark is essential in protecting your brand and assets. Understanding the different types out there will help ensure you properly protect your corporate identity.

Luckily, Weiss & Moy, P.C., with a renowned team of lawyers located in both Arizona and Nevada and licensed to practice in multiple state and federal courts throughout the country can guide you through the process.

What Are Trademarks?

Your logo or brand is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. They are a critical asset for your company, as they protect brand identity, reputation, and customer trust.

To ensure your brand is protected, hire a trademark lawyer with a proven track record of protecting of brands and logos of businesses. Their experience can make all the difference and will alleviate any concerns you may have about your brand.

Recap:

A trademark distinguishes a business’s goods or services, ensuring the protection of its brand identity and reputation. Hiring an attorney with expertise in this field is critical.

Trademark binder in front of a judge with gavel

Understanding The Types of Trademarks

1. Generic Trademarks

These are terms or phrases that are common and generic terms for the products or services they represent. For instance, using the term “Computer” for a business that sells computers. 

These kinds of logos are not protectable under the law, as they do not distinguish a particular product or service. They can be a risky choice for business owners as they provide very minimal protection against infringement.

Recap:

Generic trademarks are basic terms, offering minimal protection. They can’t be registered due to their general nature.

2. Descriptive

These are phrases or terms that straightforwardly describe a characteristic or quality of a product or service. For example, “Cold and Creamy” could be a descriptive brand for ice cream. 

Though it’s possible to obtain protection, it’s typically harder to defend them against infringement. To be registered, they must acquire a “secondary meaning” indicating that consumers identify the mark with a particular source or brand.

Recap:

These kinds of brands directly detail a product’s features. They require secondary meaning to be registered.

3. Suggestive

Branding like this is a step above descriptive and hints at the qualities or function of a product or service, requiring a bit of imagination from consumers to connect the brand with the product. 

For instance, “Coppertone” for a sunscreen brand is suggestive, hinting at a sun-kissed tone. These brands are easier to protect because they are more distinct even though they require a leap of imagination to understand the product’s nature.

Recap:

This type of logo hints at a product, demanding some consumer imagination for identification. A brand like this is easier to protect than the first two described.

4. Fanciful

These types of brands are coined terms with no previous meaning; they are invented specifically to function as a brand. An example is “KYOCERA” for electronics. These types of logos are highly distinctive and can be relatively easily protected from infringement. They’re a strong choice for a new business aiming for a unique brand identity.

Recap:

Fanciful trademarks are invented words, that offer strong protection due to their unique nature.

5. Arbitrary

This type of branding uses existing words in a way unrelated to their typical meaning. For example, “Apple” for a brand of computers and smartphones. These are real words used in a fanciful or arbitrary way to represent a brand. They are highly distinct and provide a strong level of protection against infringement.

Recap:

This type of branding uses common words in unique ways, providing robust protection.

Which Type Of Trademark Is Best For You?

The best type largely depends on your brand, vision, and how you position your product or service in the market. However, fanciful and arbitrary trademarks generally provide the most protection, while generic ones offer the least. 

Consulting with a trademark lawyer, especially with a reputable firm like Weiss & Moy, P.C., can help steer you in the right direction. Our vast experience in Arizona, Nevada, Florida, and courts throughout the country ensures that your business receives sophisticated advice without the hefty price tag.

Recap:

The ideal trademark type varies. Fanciful and arbitrary branding often offers superior protection. Consultation with a trademark lawyer is recommended.

In Conclusion

Understanding the different types of trademarks is crucial for any business looking to protect its brand and reputation. Seek advice, and remember, Weiss & Moy, P.C. is always at your service.

Our legal expertise expands to other areas of practice as well; such as patent and copyright law, immigration, and corporate law.

For expert advice from trusted attorneys, click here or give us a toll-free call at 1-480-994-8888 for a free consultation.

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