Early Internet marketers disseminated misinformation leaving many Internet businesses with weak or no brand protection. Marketers in their quest to secure easy search rankings, as well as domain resellers seeking to drive up prices, failed to communicate this important message: A generic term will never be a trademark or brand for the product or service being sold.
Select Your Brand
Most new brand owners perform a registered trademark search to make sure they don’t get sued by a third party. This is most important. And, there are other equally important benefits to performing a trademark business name search. A trademark search provides a detailed picture of the competitive landscape for the goods or services you plan to sell and serve as a road map for future brand expansion.
Descriptive trademarks are “bad brands,” since they don’t qualify for trademark registration. They spend 5 years on the Supplemental Register and after release, must still prove secondary meaning aka acquired distinctiveness in order to be enforceable against third parties. This is an expensive, difficult hurdle most that most can never meet.
Clients and marketing professionals are often confused as to the difference between registration of a domain name and registering a trademark or service mark. Domains names are not trademarks. A domain is nothing more than an Internet address, much like the street address where you live. Domain names do not afford protection against use of the domain name for competitive products or services unless separate trademark rights are established and registered.
A registered trademark is vital to protecting your brand in today’s online global market place. Before filing for a registered trademark, review your proposed trademark to see whether it will even qualify for legal protection and approval as a registered trademark. When selecting a trademark to marry to your brand values and message, it’s important to know where a proposed brand name lands on the continuum of legal protection.
Why is Branding Important? Branding is vital to the survival of almost any online business. Branding includes the thoughts and emotions that are triggered in the consumer when they see your product or interact with your brand. Another reason why branding is important is that brand names, and logos are brand ambassadors for your business. …
In a rush of excitement to launch a new product or business, it’s easy to forget that selection of a trademark is not the same as naming a baby. It’s easy to understand why you can’t choose a famous trademark like TIFFANY or TIFFANY BLUE. The selection of a great trademark requires investigation, including a federal trademark search. Begin with Step 1 SELECT, of the Brandaide 3-step trademark process.