What is a Trademark in Business Law?
A trademark is a word, symbol, or design that is used to distinguish and identify a business’s goods and services. It is owned by a company to protect its brand name, products, services, logo, etc. However, if a company does so, you have the right to take immediate action against the firm or sue it.
Types of Trademark
There are two main types of trademark that can be further classified into the following categories.
1. General Types of Trademark
A trademark needs to elaborate on the qualities and characteristics of the goods it vendors, to qualify for a generic mark.
A suggestive trademark is a different mark that gives a suggestion or hint about the product, but does not fully describe it. It urges consumers to relate the mark to the product. It gives a hint about what characteristics and qualities the product provides.
A descriptive mark describes the quality or characteristics of a product or service provided by a firm. The sole purpose of this mark is to describe a major function of the product not everything.
An arbitrary trademark is a phrase or a picture that has nothing to do with the business and the services it provides. The owner does not need to support the trademark with secondary meanings.
A fanciful trademark is an innovative term used to describe the relation of the product with the trademark itself. These trademarks do not have any meaning in English but are produced only for functioning as a trademark.
2. Specific Types of Trademark
It is a graphic, audio, or written symbol that is a legally registered trademark which is used to specify a particular service. This mark differentiates one service from the other similar services by using a specific mark.
A certification mark is a unique trademark that ensures the quality of the products and services a firm provides. It is recognized as a mark of standardization or quality. This mark also elaborates the standards and characteristics of the services and products.
A collective mark is a special type of trademark which specifies the goods and services of a mark that has been originated from members of trade association.
A trade dress is a unique identification of a product or service that helps in recognizing its origin. It can be the packaging of a product, design of the materials, interior, and exterior. You have to prove that your trademark is distinctive and unique from the other trade dress.
Trade names are used to recognize a firm, not a particular product or service. This is very popular among the multinational organizations that consist of various brands under a single trade name.
Family of Marks
Family of marks is same as house mark in some way. However, the major difference between them both is that all the marks have a similar characteristic in common. These marks have greater protection than the singular mark. Trademark logo design search online free services ensure that no other brand uses your family of marks.
Sound marks are unique melodies that make a brand recognizable to the audience. These sounds make a brand distinctive from the others.
This mark consists of a specific pattern that is enough for the recognition of a brand. These marks can be of hexagonal shapes, broken, or dotted lines, etc.
These marks are usually used in the fashion industries. A position mark is a unique trademark that consists of a special place on the products or goods.
A hologram trademark is used to recognize the origin of the products and services of a business. These are 3D images that are displayed in a holographic device. Hologram marks were popular in ancient times.
Multimedia marks are a combination of both audio and visual elements. These are commonly used in film production houses and the television industry.
A motion mark is an animated logo used by organizations to draw the attention of consumers. They make animated moving logos using different computer software.
Trademarks are an important asset for any organization. It helps your business in significant ways to grow and expand. Having a trademarked brand increases the security of your business and encourages other businesses to work with you.