How To Determine Trademark-Worthy Features of Business Products or Services

A trademark refers to a trade or service mark that defines your brand. The US Trademark Office defines it as a word, phrase, symbol, design, or a combination of these things which make your product or service unique. 

When you see business names or products and services with a tiny “TM,” “SM,” or “R” next to them, this means the business has established ownership of their trademarks. They are the only ones who can exclusively use that specific name, phrase or logo in a particular context. 

Identifying and securing a trademark keeps your brand and unique offerings, ideas, methods and processes safe from being copied or infringed by other businesses. There is a difference between owning a trademark and having it registered. 

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What Goes Into Trademark Products

You own a trademark when you start using it consistently and specifically as a competitive advantage among competitors. Your ownership can be limited to your geographic location and registering it with a national organization that handles trademarks legally protects you and your brand. 

It secures your ownership and allows you to limit other brands or businesses from using the same trademark in their product or service. But can you register anything as your trademark? You can apply to register anything, but registries will still evaluate your application to see if your claims are valid and worth certifying. Creative and unique trademarks are easier to certify and protect. 

Listed below are features that can qualify a product or service as trademark-worthy.

Uniqueness of Brand

Discuss the need for a brand to be unique. Whether it's a logo, motto, or marketing ad, a brand must be seen to be unique. Conclude the paragraph by introducing an outfit - use keyword and link here - that can efficiently brand a product or service. 

For all brands across industries, the goal is to stand out and be the market leader. Hence, becoming unique and making a distinct impact is needed. Being unique can help qualify your brand, product, and services as a trademark. 

Establish your business with a definitive brand name, logo, taglines and even marketing ads. This will contribute to establishing a distinctive brand that people can remember. Your consistency in keeping everything on brand can help you deliver your message better. You can use even a common phrase or shape as an identity of your brand by presenting it in a new and distinctive way. 

You can either register a word or phrase as a trademark or include how you stylize it. Both ways, it has to be distinctive and has to make an impact. It doesn’t mean that you have to be the first or only one to use a certain material as a brand. But rather, you have to use it in a way that is identifiable to you. 

Standing Out From the Crowd

As a brand, the design and composition of your trademark, be it your company name, catchphrase, or even logo and other graphics, should be able to distinguish you from your competitors. Uniqueness can be subjective, so it has to be your job as a brand to define how your trademark is unique and what makes it stand out. 

You will then need to spread your messaging consistently and make your customers aware of it. Find out how StickerYou can help in creating customized print product labels and marketing collaterals for your unique business and brand.

Recognition

The process of registering a trademark requires you to identify your trademark and submit an application to the organization in charge of certifying trademarks and copyrights in your country. However, proving that your product or service is trademark-worthy will need more than just paperwork. You will need the help of the public. 

Your brand and offerings must be recognizable for many for it to be considered your unique competitive edge and selling point. To do this, you have to be around for a long time and/or make a significant impact on your customers. 

You’ll know your product or brand is recognizable when people use your name to identify a generic item. For example, Kleenex has been widely used to pertain to facial tissue. However, you have to monitor it from its potential to becoming recognizable. 

Because when your product or brand name has been used to identify a generic thing for a long time and has become too common, you might not be able to register it as your own. This is called “brand genericide,” and in its essence, the general public eventually owns the name for something despite its origin. 

Brands like Otis, which formerly owned the escalators' trademark, got their registration revoked as they fell victim to the genericide, or a brand name losing its identity. 

Channels of Distribution

Briefly describe the distribution of popular goods and services from producer to consumer. State also the complexity involved in the distribution of some products, mainly import goods which typically attract a high number of people. 

The method of distribution of goods and services impacts their accessibility, as well as their demand. Direct distribution from a producer to a consumer makes a brand or product localize, which limits the scope of trading. Having a wider scope and a more intricate trading path with several intermediaries and numerous people involved can pose challenges to the consistency of your branding. 

There are also more complexities involved in the distribution of some products - mainly import goods - which typically attract a large number of people. You can prove trademark worthiness if your brand, product, or service can still be distinguished despite these complex trade paths. 

A High Number of Potential Customers

When claiming and filing for a trademark, you have to emphasize the relevance and value of registering your brand and offerings. Therefore, you need to identify your market and the share you can possibly cover. 

Your potential customers can represent the value of your trademark. The higher number of potential customers can guarantee massive sales for a product or service. This is a contributing factor in determining whether goods or services are trademark-worthy. 

Do market research to determine demands and develop your proof of concept. By proving the need for your offering, you can make better projections. In turn, you can find and get a higher number of potential and actual customers. 

Business Circle Dealing With the Product or Service

Beyond the numbers, the type of your customers can also affect your trademark worthiness. Suppose your product or service is widely used by the upper class of the public or celebrities and people of influence. In that case, you get higher chances as well as the necessity of legally claiming a trademark. 

These types of people can boost sales for the goods or services you offer. More so, they too have their personal branding, and some also have businesses. Securing your trademark protects your brand from being claimed as theirs or directly associated or confused with their brand. It saves your brand or product name from being exploited.   

Use Trademarks To Secure Your Business

Trademarks essentially pertain to anything that distinguishes your business from others. It should set you apart and emphasize what makes your brand unique. 

Securing and legally registering trademarks is important to protect your brand and identity in the market. The business sector is wildly competitive. Thus it pays to be cautious and to really secure your name, branding materials, products, and services to have the edge over competitors and leave a remarkable impact on consumers.