Some people may believe there are no new ideas — just a recycling of the tried and true. They would be wrong.
People come up with new slogans, designs and brand names every day. However, unless they take the extra step to secure their intellectual property, someone else can come along and claim ownership. However, getting something trademarked isn’t easy, and trademarks come with stringent criteria.
The purpose of a trademark
Brands are often represented by a distinctive design or expression that sets them apart from their competitors. Registering a trademark secures a company’s exclusive rights to use that specific intellectual property (IP). It prevents others from using it on cheap imitations, thus causing confusion and harm to the original brand holder.
However, trademarking something isn’t as simple as filling out a form. To be considered, a valid trademark needs to meet three fundamental requirements.
Distinctiveness
Your trademark should be unique and easily recognizable in order to distinguish your company from another. For example, the swoosh design and “Just do it” allow Nike products to be easily identified. This distinctiveness assists in building brand loyalty.
Non-functional
The trademark can’t describe any useful or necessary part of the product. That would be bordering on patent law, which only lasts for a specified period of time.
Use in commerce
The trademark has to be used in connection with selling, advertising or offering products or services. It can’t just be an idea or a theoretical concept. This prevents IP from being used as a placeholder.
There is an exception, though. An intent-to-use application allows a business to apply for a mark they plan to use in the future, such as preparing for a launch. Even then, the trademark must be used within three to four years.
You can spend significant time trying to get a trademark if you attempt to do it yourself. Working with an attorney specializing in IP law can help ensure that your concept meets the requirements and then assist you with establishing your trademark.
