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The Strength of Trademark and Its Importance in Branding.

The Strength of Trademark and Its Importance in Branding.

The Strength of a Trademark an Its Importance “As a trademark attorney, I am often presented with clients whom do not understand why a mark cannot be a generic or descriptive mark. It is my job to educate them why they should always select a Suggestive, Arbitrary or Fanciful mark.” Juliet Alcoba. A Generic mark can never be protected. What is a Generic brand? A mark is generic if its primary significance to the relevant public is the class or category of goods or services on or in connection with which it is used. A two-part inquiry is used to determine whether a designation is generic: (1) What is the genus of goods or services at issue? (2) Does the relevant public understand the designation primarily to refer to that genus of goods or services? It is not necessary to show that the relevant public uses the term to refer to the genus. The correct inquiry is whether the relevant public would understand the term to be generic. A Descriptive mark may be registered, yet it will bring very little trademark protection. So what is a Descriptive trademark? A mark is considered merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services. Similarly, a mark is considered merely descriptive if it immediately conveys knowledge of a quality, feature, function, or characteristic of an applicant’s goods or services. The determination of whether a mark is merely descriptive must be made in relation to the goods or services for which registration is sought, not in the abstract. This requires consideration of...

10 reasons to file a trademark for your brand

1.     Of all things a company owns, its brand is the single most valuable asset.2.    A company’s  brand is the only corporate asset, that if managed properly, will never depreciate in value. 3.    A well-managed brand increases in value overtime.4.    A brand that has a good reputation within its community must be cared for so that its reputation is not tarnished in its community.   As Will Rogers said “it takes a lifetime to build a good reputation, but you could lose it in a minute.”5.    An effective branding strategy improves the visibility and respect of a product, service or company and this in turn increases its owner’s profits.6.    A well managed brand increases the value of its company. 7.    A brand that is not protected or policed decreases in value over time.8.    The greatest compliment is the copying of your brand, yet it is also the death of your brand.  If your brand is not policed, eventually it will have zero value within your community. 9.    A properly branded, policed and cared for brand can lead to a passive source of income for its trademark owner through proper licensing agreements. 10.  Franchising can only be done through a proper branding strategy in which its most valuable assets, its trademarks, is policed and cared for. Juliet Alcoba, Esq., Miami Trademark Attorney Alcoba Law Group, P.A. Helping your company grow and...
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