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Whats the simplest route to securing your trademark

By James Wan

What you need to know (in a nutshell)

  1. Not all brand names can be registered as trademarks, and it can be challenging to register generic or descriptive words as trademarks.
  2. One solution to this problem is to apply for a logo version of the brand name, which can make the mark more original and distinctive.
  3. Another option is to add unique words to the brand name to make it more distinctive and increase the chances of being accepted for registration.

Full Article

Business owners are often eager to display the registered trademark symbol ® as a sign of their exclusive rights over their brand name. It serves as an effective deterrent against potential imitators and is viewed by many business owners as proof that they have invested in protecting and defending their brand identity. We commonly receive inquiries asking how one can acquire a trademark registration quickly and easily. Unfortunately, not all brands may be eligible for such protection; this includes generic or descriptive words that other traders should logically also be able to use when describing similar products/services- e.g., SUPERSOFT fabric softener, HI-GLOSS paint products, TOP CLASS shoe footwear store etc. Obtaining trademarks for these types of names are likely complex without evidence demonstrating significant public recognition associated with them already existing beforehand.

How do you overcome this challenge if you have adopted a descriptive brand name? Fortunately, luckily there are some tactics to protect your brands that need more originality and distinction. Let’s look into possible solutions for overcoming this dilemma. What steps should be taken to safeguard a brand name that isn’t registered? One potential solution would be applying for logo registration to protect it from being used by other businesses or organisations without permission. Doing so can provide additional layers of protection, which may prove valuable in specific scenarios where traditional trademarks might not apply due to their descriptiveness or genericness.

For brand names that are generic or descriptive, a viable option is to apply for the logo version of the trademark. A strong trademark should be distinctive and original, involving combined words, images or both- this will make it stand out from competitors. To create an even more unique mark with higher chances of being accepted and be registered, adding visual elements such as stylised versions of words and images would help differentiate your branding further from any potential competition in the marketplace. Therefore, making sure you choose a logo unlike any other can only increase your chance of successful application when registering your desired trademark logo design!

Registering your logo is essential to deter copycats and make a statement that you take protecting your brand seriously. Even if it does not entirely prevent others from using the exact words, it can discourage them from copying or mimicking your business’s branding. Moreover, adding uncommon words to create something distinctively different from other traders in the market may increase one’s chances of obtaining trademark registration approval. For example, while TOP CLASS SHOES is likely too generic for protection, ZAAZA SHOES or ZAAZA’S TOP CLASS SHOES will stand out more significantly amongst competitors and thus have a higher potential of being accepted as part of a registered trademark portfolio with governing authorities responsible for writing trademarks within their jurisdiction.