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Fanciful Trademarks
| Guest post by: Shannon Moore |
Article Overview: The strength of a particular trademark is gauged according to the Distinctiveness & Descriptiveness Continuum. On the very left of that continuum are fanciful marks, which arguably are the strongest sort of marks to file. Filing these types of marks increase the likelihood of trademark registration (provided, of course, that the mark is legally available).
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Free Download - Arbitrary Trademarks By Shannon Moore |
Fanciful Trademarks
The strength of a particular trademark is gauged according to the Distinctiveness & Descriptiveness Continuum. On the very left of that continuum are fanciful marks, which arguably are the strongest sort of marks to file. Filing these types of marks increase the likelihood of trademark registration (provided, of course, that the mark is legally available).
What is a Fanciful Mark?
Here's what the USPTO says:
"Fanciful marks comprise terms that have been invented for the sole purpose of functioning as a trademark or service mark. Such marks comprise words that are either unknown in the language (e.g., PEPSI, KODAK, and EXXON) or are completely out of common usage (e.g., FLIVVER)."
Basically, fanciful trademarks are either made up words or words that are seen as archaic.
Should I Choose a Fanciful Mark?
While fanciful marks are certainly the strongest types of trademarks, does it necessarily mean you should choose a fanciful word for your service or product? This is something you'll need to decide in terms of your industry, your customers, your competitors, your customers and your overall plans.
Fanciful marks don't necessarily "tell" a person what the product or service is so informing the public of that might require extensive work on your end.
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Article Tags: amp, continuum, distinctiveness, exxon, kodak, likelihood, pepsi, sole purpose, trademark registration, uspto
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