Trademark ProtectionA trademark can also become strong through marketing. This is when the trademark may not be as unique as a born strong mark, but has become extremely popular and known over time. This is achieved through marketing, advertising, endorsements, time, and of course customer satisfaction. Once a mark is well known in commerce it is much easier to qualify under trademark protection. Again this is because people infringing the mark will become noticed. Names, logos and other distinctive marketing devices are given legal protection under trademark law. It is much easier for trademark protection if your mark is what they consider 'strong'. A mark that is considered 'weak' can be a little more difficult to qualify for trademark protection and may not qualify all together. The best way to avoid all the hassle is to be unique from the start. Do your research; hire a trademark attorney, whatever it takes to make your mark one of a kind. Once you have gotten your perfect trademark be sure to register it with the United States Patent and Trademark Office. This will ensure you have trademark protection according to trademark law. There are two ways a trademark can become what is considered strong. They can be 'born strong' or they can become strong. A trademark that is born strong was extremely unique when created. It was derived from the mind and nothing else. As in the word most likely did not exist. Major examples of these today are companies like Kodak and yahoo. These names are easy for trademark protection because there is nothing else even close to the name. Anyone who tries to infringe on their trademark will be noticed. There is the exception of trademark protection for a weak mark though. Once your company expands and can prove substantial growth and sales or another type of public awareness, it can then register the trademark with the United States Patent and Trademark Office. Bank of America is an example a company who was established this way. Once you are registered you are then eligible for trademark protection. There are also trademarks that do not qualify for trademark protection. These are marks that are considered to be 'weak'. A weak trademark is based on a location, popular term, or a person's name. Because of the fact that these are such a generalization, proving infringement on them is nearly impossible. People use these types of things in everyday life. Therefore they do not qualify for trademark protection. | |
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