n you give some tips that help to pick a name?" Lot of clients asked this question when they get the search report which shows their name is hard to be trademarked.
Choosing the right name for your company is an important step within every
brand development strategy, but how can we choose a ideal brand name? and what kind of marks are easy to be trademarked?
Following thins should be considered:
1. What are the registrable elements？
Any word, device, any letter of the alphabet, any number, three-dimensional symbol, colour combination and sound, or any combination thereof, that identifies and distinguishes the goods of a natural person, legal person, or other organization from those of others.
2，What are the easiest marks to trademark?
1）Fanciful Marks
Fanciful trademarks are made-up terms invented for the single purpose of functioning as a trademark. They can be either neologisms (words that don't mean anything in a language) or archaic words that are out of common usage.
A fanciful trademark is distinctive and only has a meaning when used in relation to a specific product. For this reason, fanciful marks are the strongest type of trademarks.
Famous examples of fanciful trademarks include Lenovo, Haier, Pepsi, Clorox, and Xerox.
2）Arbitrary Names
Arbitrary marks are real words with a meaning that isn't associated with the product sold. An famous example is the Apple trademark. An apple is a type of fruit, and it couldn't be used as a trademark in the agricultural sector. However, it can be registered as a trademark in association with the computer sector.
3）Suggestive Names
A suggestive mark is an allusive word that suggests a characteristic of the product or service that is sold. However, suggestive marks are different from descriptive ones because the consumer has to use a little imagination to understand what the product is. Examples of suggestive marks include Microsoft (software for microcomputers), Citibank (financial services), and Jaguar (cars).
3. What are the hardest marks to trademark?
1) Descriptive Names
A name that simply describes a feature of the product or service it represents is considered to be merely descriptive and cannot be trademarked. For example, “Web Design Magazine” merely describes what the magazine it represents offers. Similarly, it’s unlikely that the name Child Kare would be approved for trademark protection. Even with the creative spelling, the name would still be considered merely descriptive of the service provided.
2) Geographically Descriptive Marks
Names that simply include a geographic location that describes where you do business are typically not easy to trademark. For example, California Wine or Georgia Peanuts are both names that would have a difficult time obtaining trademark protection.
3) Generic Names
In order to have a chance of securing a trademark, your name must not be generic. For example, “New York Florist” or “Fast Loans” are too generic to be trademarked. If your brand name can be used to describe an entire category, then it’s probably too generic.
4) Deceptive Marks
Any name that misleads consumers by falsely describing features or benefits that products and services under that brand umbrella offer cannot be trademarked. For example, a company cannot use the word “organic” in a brand name that’s not actually organic and expect to have its trademark application approved.
For this part, we suggest to refer to following articles of China Trademark Law, it's more clearly for understanding:
Article 10. The following words or devices shall not be used as trademarks:
1) Those identical with or similar to the State name, national flag, national emblem, national anthem, military flag, army emblem, military song, or decorations of the People’s Republic of China; those identical with a State Organ’s name, symbol, or the names of the specific locations that are seats of central state organs; or those identical with the names or designs of landmark buildings;
2) Those identical with or similar to the state names, national flags, national emblems or military flags of foreign countries, except with the permission of the government of the country involved;
3) Those identical with or similar to the flags, emblems, names or others of international inter-governmental organizations, except with the permission of the organization concerned or where no likelihood of public confusion exists;
4) Those identical with or similar to an official mark or inspection seal that indicates control and guarantee, except where authorized;
5) Those identical with or similar to the symbols or names of the Red Cross or the Red Crescent;
6) Those that discriminate against any nationality;
7) Those in the nature of fraud in advertising that easily confuses the public with the quality or other characteristics or origins of the goods, or the place of origin of the goods;
8) Those detrimental to socialist morals or customs, or having other unhealthy influences.
The geographical names of administrative divisions at or above the county level and foreign geographical names well-known to the public shall not be used as trademarks, except for geographical names that have other meaning or constitute part of a collective mark or certification mark. Registered trademarks that use geographical names shall continue to be valid.
Article 11. The following marks are not permitted to be registered as a trademark:
1) Names, devices, or designs that are generic to a class or group of goods;
2) Marks that merely indicate the quality, principal raw materials, function, use, weight, quantity or other features of the goods in respect of which the marks are used;
3) Other marks that lack distinctive characteristics.
A mark to which the above provisions are applicable but which has acquired distinctiveness through use and is readily distinguishable may be registrable as a trademark.
For more information, please feel free to contact us.
2019/3/27 13:14:23
