A trademark that falls victim to genericide is referred to as a generic trademark. This by definition is an oxymoron, since a generic term can never be a trademark. Generic trademarks are those that end up in the trademark graveyard alongside asprin, cellophane, and pilates, to name a few.
How does one secure a trademark for artist names, or names of music groups for musical recordings or videos? The general rule is that neither an author’s name nor a group or individual’s cannot be protected for books or musical recordings for a single work.
Use the brand lens to ask how each management decision you make will affect your brand. If you have a strong brand strategy – one that you believe in – then, by all means, make the decision that will do the most to help you keep your brand promise.
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.
Trademark registration is only the starting point in maintaining legal rights in a brand name. Trademark monitoring includes implementation of brand protection strategies to reduce risk and liability that result from unattended counterfeiting, diversion, tampering, and theft.
Who wants to go to the expense and time to file for a federal trademark registration for a new brand name and then get rejected? As many as 70% of all trademark filings are initially rejected, with the Examining Lawyer at the USPTO issuing an Office Action refusing registration. Some Office Actions are scary, complicated, and require expert trademark counsel.
There exists a tremendous opportunity for business owners to “build” proactively. How do you prepare your brand for sale as baby boomers read to retire . . .
Every brand needs a dream team. That team consists of not only people who help create, communicate, manage, direct, and protect the brand, but also . . .
Consumer loyalty is the behaviour of consistent purchasing of a brand over an extended period of time, measured as a proportion of times a consumer choses the same brand compared to other brands in the same category. Consumer loyalty is, quite rightly, seen as the key to a successful product and business. However, sometimes, even the best quality product does not garner the loyalty it deserves; and even advertising a product may only result in a short-term spike in sales, and may do little to stop consumers from switching to other brands over time.
Related in that both Jim Cramer and Perez Hilton are iconic personal brands to their respective audiences, brands launched on the Internet and leveraged into off-line profitable empires. Personal brands are no less valuable or profitable than pure product brands.
Thinking of registering a global trademark for your business? Get your free step-by-step guide to brand protection in international markets, prepared by a leading international trademark attorney today.
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