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Nike use the trademarked phrase “Just Do It”. Prior to Nike using it,http://925andco.com.au/newfreesonsale.php, the phrase had no strength. More than likely, it was usually used by parents telling their kids to clean their rooms! Nike trademarked the term and then built its strength through a massive marketing campaign. When kids hear Just Do It! now,http://regalka.pl/freerun3cheap.php, they think of shoes and sports apparel,http://www.kaytlyne.com/fitfreeshoes.php, not being forced by mom or dad to do something they hate! In short, Nike built up the strength of the mark.
When choosing a trademark,http://actionsportscompany.com/flexukruns.php, it pays to be as distinct as possible so that the strength of your mark is not an overriding issue. As always, make sure to do a comprehensive search before filing to avoid infringement problems down the road.
Lots of people mistakenly think that as soon as they’re approved for a trademark by the Patent & Trademark Office, they are good to go. Not so fast, sonny! A trademark is only so powerful as its strength and distinctiveness in the marketplace.
The question you need to consider is whether you have the money to do this. Most businesses do not have tens of millions of dollars to do this. As a result,http://harrietts.com.au/nikefree5blackwomens.php, you need to really focus on as distinctive a mark as possible so that it will gain strength quickly through regular marketing and business practices. An example in the real world would be the iPhone. There was no mark even remotely like this before Apple filed it. It was very distinct, and thus was a strong mark to start with. As time passed and marketing was done, the strength grew to the point that it become a very strong mark very fast which should be your goal as well.
Now contrast this with the best known search engine on the web – Google. “Google” is a very distinct identifier. Most men and women know by now that it is a play on a numeric identifier, but it is completely unique as far as search engines and the internet go. If we were lucky enough to own the mark, we would be able to fend off just about anyone who tried to incorporate our name. For instance, nobody can open a Google Bookstore online without losing their shirt in court on a trademark infringement case.
Let’s start off with the distinctiveness. Simply put, the more unique the identifier, the stronger the trademark and the more you will be able to fend off infringers. Let’s consider an example to show how this might work. Assume I have created a search engine. Now, let’s assume I name it “Funky Keyword Search Engine”. Besides being a less than stellar name, the trademark filing for this would be iffy at best. The problem is the name isn’t very distinct. The “Funky” word is a bit unique, but “Keyword Search Engine” is very general. All and all, we would have a very hard time finding off anyone else that used the phrase “keyword” or “search engine” in their name on the web.
Another factor to consider when choosing a trademark is its strength. This can be a hard subject to understand for judges, much less your average business person. Strength really relates how strongly the consumer associates the mark with a product, service or business. This can be shown through a relatively simple example.
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