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Building Trademarks for business - Step 01: Select Trademark

15/11/2016 - 05:15

 

A question often asked by customer representative for industrial property is "how do we create a good trademark in the market?". To answer this question, following that we suggests a process basic to build a good trademark on the market.

Building Trademarks for business - Step 01: Select Trademark

Building Trademarks for business - Step 01: Select Trademark

 

Firstly, To select a strong trademark what may be protected, is the most important step for the success of a trademark. According to descending order, trademark are classified into the following groups:

 

Group 1

Accidental combination of words: Trademark is self-generated words what does not mean (e.g. VINATABA, BITIS)

Group 2

Arbitrary words: the trademark is the word what has meaning but no related to the goods, the trademark owner can freely choose (e.g.: Trung Nguyen coffee, INTERNATIONAL for legal consulting services)

Group 3

To suggest : the trademark suggests to the quality of goods (e.g.: Dolphin for swimwear,  peppermint for bubble gum, AN LAC for estate services)

Group 4

Description - Trademark describes the characteristics of the goods (for example, HAO HANG, THOM NGON)

 

 

Description of geography  (e.g.: THAI NGUYEN, HAI DUONG)

Common surname (e.g. TRAN, NGUYEN) name of the product groups (e.g.: BANH DAU XANH for green bean cake, SOFTWARE for computer programs)

A trademark may be protection registration if the mark has capabilities to distinguish. This mean that these trademarks do not confuse to customers about good bring mark. The group of trademarks mentioned in the above table is sorted by descending order about distinctness correspondingly from group 1 to group 4.

The trademarks of group 1 and 2 have the highest possibility of protection because  risk of conflict with other trademark are relatively low. Therefore, clients should consider choosing a trademark from this two groups because they may be highly protection capabilities and the risk of trademark infringement on the market was low. However, clients also should avoid trademark include:  the digits, letters, simple words what can not pronounced as a word. These marks are protected only when they are used and  widely recognized, it means that themselves has distinctness capabilities after a process using

About advertisement aspects, the professional advertisers hoping trademarks can be answered to some questions: What is products?, what does product to do?. However, these trademarks in group 4 almost has descriptive therefore they has low protection capabilities. To balance the demands of advertisers and protection capabilities, we suggests to that clients should select marks from group 3. Trademark suggests from group 3 in spite of hard protective than the trademarks  from group 1 and 2, but they still considered that have distinctness capabilities with NOIP

When choosing a trademarks should avoid the marks from group 4 . A description  trademark does not be protected unless it proves distinctness capabilities such as this mark used and widely recognized. A trademark is description of geography (such as Thai Nguyen, Hai Duong) also should be avoided because they are deemed not to be distinctness capabilities.

The general name of the products shall not be protected as a trademark for a specific goods belong to type of this goods in all cases. No one has the right to prevent others from using this general name.

Beside to define protection capabilities of trademarks as well as the risk of conflict with other marks under current laws . A good Trademark also need to be checked by the following test:

  • Memorial ability: Are there trademarks easy to remember?  These marks are too long or too complicated that has inability to remember.
  • The reading ability: Is mark easy to read? especially when you just look at the mark.
  •  Associate ability: The words in trademark may be evocative with bad meaning or not?, these words have bad meaning when translated into foreign languages or not? Or these words relate to the product in a positive way?..etc.

In summary, one of the most important factors of a good trademark is distinctness capabilities included : Memorial ability, The reading ability, Associate ability...etc. Therefore, to facilitate the trademark in the market, enterprises should select a good trademark. It is a first step in building a trademark of enterprises, also is a key asset of the enterprises.

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