Article by: Dhairya Shah
Before diving into the ways for creation of a successful trademark, let's know what a trademark actually is. In layman terms, a trademark is a security toll for companies to protect their intellectual property from getting stolen or copied by others. Hence they create a trademark and get it registered. After registration the trademark becomes legally binding and no one can copy or forge the same. Trademarks can be in the form of a name, surname, sequence of letters, random letters or alphabets, logo, name relating to the product etc.
The importance of Trademark is directly linked to the company’s brand name and existence. It is a mark which leaves an impact on customers and they refer to the products with the trademark. For example, in today’s time the mobile phones, computers etc. produced by Apple are not referred to as Iphone or IMac or Macbook, rather they are referred to as APPLE products. Such is the impact of a trademark on Customer’s mind.
Trademarks should not be very vague or cliche. It should represent the company or have some history attached with the company's growth. It can also be named in the form of product specifications or qualities of the product. The Trade mark can be a sequence of letters which is a short form of a Company's bigger name. In other scenarios it can be totally unrelated to the company’s functioning as well or can be based on the surnames of founders. Creation Of New Words The trademark can be a totally new creation which does not even exist in the dictionary. The name should be something catchy and less in length. It should be easy to spell or should describe a classic image of the brand. For example words such as KODAK, ESSAR, EXXON etc. are unique and display a strong company name as well. The trademark indirectly creates an image of the company and its working in the mind of customers. Hence one should make right choices regarding them. As such in India, if we consider the company HUL which is Hindustan Unilever. The company is actively involved in the consumer goods segment. By the name one can think of the company being of Indian Origin. But In fact the company belongs to the U.K. However, through its name it gives a sense of a domestic company and hence people create a bias for the company in their minds. Inventing Words from Product Itself The best example for this instance is MicroSoft. The company name is a mixture of Microcomputers and Software. This way the trademark becomes self explanatory about the company's working. It is one of the most utilized way for setting up trademarks. Conveying Message or a Historical Journey The mark can be a sign of past experiences of the company. It is said that Apple got its name due to Steve Jobs. He used to work while sitting in farms and he loved apples a lot. Hence the company was named after his favorite fruit. Even the brand which produced the best Apples is associated with Apple INC. Many products such as laptops or PCs are named as MacBook or I-Mac after the Macintosh. The trademark can also be a message for the stakeholders of the company, As in one can take the name Reliance. During the initial stages of the company, Dhirubhai wanted the stakeholders or in larger view the country to trust his company. He wanted to display that the people of India can rely on the company for giving out better to the society at large. Hence for his demand of trust and creating a positive image of the domestic Company he named it Reliance. Hence conveying a strong message to the public. Extraordinary Words To create a strong brand image one can use words that portray a high level of sophistication. This is essential in the case of luxury goods. For instance let's take the watch business. Brands such as Rolex, Patek Philippe, Movado, Chopard, Hublot etc. These are fancy words and they convey to customers that their products are extraordinary in quality and performance.
Sometimes many Brands are created with the initials of the founders. This is never a great idea for creation of a trademark. However, such a concept has been very famous for years. Some famous brands with initials of name or surname used in Trademark are Rolls Royce, Tata, Aditya Birla Group, Kotak Mahindra etc.
There are many prerequisites that need to be associated with the brand names. For instance one cannot use abusive language while creating a trademark. One very close example to it is FCUK. The trademark is okay given the segmentation of the company. However such names would be very infamous for big corporations. One should always avoid using Generic names in the trademark. This just gets the name of the brand mixed up with other thousands and doesn't stand out in the list. Some such words are Deluxe, Beauty, Gold etc. Hence one should avoid the usage of generic names. Surname usage is an out of fashion technique in listing the brand. The reason is the high level of competition attached to the same. Also it does not provide any vital knowledge regarding the product or service. If the name of a product is associated with the surname it never gives a strong impression on the customers, until the brand is well established and known. The words used should never directly describe the product. If a person is running an alcohol company, the name should never be Cold Alcohol. Rather it should be something like United Spirits. It is a combination of product description and company motto.
The application for a trademark can always get rejected for several reasons. The major ones among them are :- Generic names attached oath the trademark or it is merely a general logo If the trademark creates a confusion for the customers in identifying a pre-existing brand Offensive or socially abusive trademarks have the highest level of rejection chances. The trademark can also not hinder the emotions or feelings of any class of the society. Hence A Unique trademark with product specification can serve as a best option. It can also be accompanied by a brand logo associated with the name decided. Such a combination is a perfect match for the trademark of any given company.Call Us