New Ways to Find Unique Trade Marks

The popularity for a company/individual to register for a trade mark means it can be difficult to develop and gain monopoly over a new, unique mark. For this reason, many have turned to the concept of merging marks.

Choosing a brand name can be tricky. You need to be 100% happy with your mark before you file, because once the mark is filed you cannot change your mark.

It can be hard to find a trade mark that is unique and will help your brand stand out. Even though it is possible to file a trade mark that is similar to someone else’s there is a risk that they could oppose your mark if it is judged that there is a level of confusion between the marks.

One solution often used is to merge words to create a new trade mark

You cannot apply for a trade mark that is descriptive of the goods and services you will be offering. Therefore, some brands have adopted the approach to blend words to create a new mark. As a result, it is less likely that the trade mark examiner will not deem the mark to be generic and therefore the mark can be monopolised.

An example of these can be seen in the brands: Tofurky and Ginspire.

The art of blending a trade mark can increase the levels of distinctiveness. However, you have to be careful that the blending of marks is done correctly. In some cases, this can lead to a weak brand and therefore narrow the scope of protection.

Another way that brands can create a family of marks using the blending methods. For example, Nestlé have created a family of products such as Nespresso, Nesquik which clearly links to the main brand. In this example, the products encompass the former term ‘Nes’ alongside a common place term ‘espresso’ and have blended these to create unique marks.

If you are looking for a Trade Mark, and would like some advice please do not hesitate to contact the team at Trademarkroom today.

Anna Orchard

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