The wording of a trademark must not consist of indications of the type, quality, quantity, intended purpose, price, geographical origin or time of production of goods or provision of services.
If our main brand is Google and we use it with suffixes such as Google Store, Google Cases and so on, which of these will be protected?
The trademark will primarily protect the word Google. Protection will also extend, albeit less strongly, to the full combinations Google Case and Google Store, i.e. to the whole phrase comprising both the protected and unprotected parts. The unprotected part on its own will receive little or no protection at all. The word “store”, for instance, is too generic to be protected. A distinctive word, however, such as “shoppa” or “shopify”, could achieve a degree of protection in its own right.
Creating a Brand Name That Can Be Protected
Not every name makes a good trademark. Names that simply describe a product, its quality or its origin are often difficult or impossible to register, because other businesses need to be free to use such words. The most effective trademarks are distinctive, memorable and capable of identifying a single business as the source of goods or services.
The Spectrum of Distinctiveness
It can help to think of possible names on a scale. At one end are invented words that have no meaning at all, which are usually the easiest to protect. Next come ordinary words used in an unexpected context, which can also be strong. Names that merely hint at a quality of the product may be acceptable, while names that directly describe the product, its quality or its purpose are generally the hardest to register.
Words to Use With Care
- Terms that describe the type or quality of the goods, such as “best” or “premium”
- Geographical names that indicate origin
- Generic product names, such as “store” or “shop”
- Common surnames or everyday expressions
- Words that could mislead consumers about the nature of the product
Main Brands and Sub-Brands
Many businesses use a main brand together with additional words to create product lines or services. In such cases, the distinctive element usually carries most of the protection, while generic additions contribute little on their own. If a sub-brand is important in its own right, it may be worth considering a separate application for it.
Check Before You Commit
Before investing in packaging, a website or marketing, carry out a search to make sure the name does not conflict with existing marks. It is also wise to check whether the name has an unfortunate meaning in the languages of the markets you plan to enter.
Consistency in Use
Once registered, use the mark consistently and avoid using it as a generic description of your product. This helps maintain its distinctiveness over time.
If you are developing a new brand or want to know whether your chosen name can be registered, contact eTuls. We can assess the name, carry out searches and guide you through the application.
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