A trademark that is referred to as a specific product or service name is known as a generic trademark. Such as the sports brand has their shoes or sneaker products called “sneaker”. When you are going towards the company formation in UAE you need to remember that the product name with generic trademarks is not meant to have registered for a trademark. The trademark registration consultants UAE will explain what are the specific marks and names or products that cannot have trademark protection.
Why the generic names of the product cannot have trademark protection?
The name of a product in a generic term such as bag, shoe, and mobile phone is not meant for the trademark registration because these names are universal and other people have equal right to use such terms for describing their services and products.
What are the strengths of different trademarks?
The actual strength of a trademark is related to the uniqueness and distinctiveness of the mark. Each trademark type has its own strengths and weaknesses.
- Trademarks related to fanciful words are made to keep the brand unique and attractive. For example, Pepsi.
- Some trademarks are considered arbitrary, which means they are having real words connected to a specific product or service. For example Apple (iPhone).
- Some trademarks are suggestive marks to hint at the offering and quality of the product and service. For example Microsoft.
- Some of the trademarks are not suggestive but describe the product or service. For example, British Airways.
- The weakest type of mark is a generic mark that cannot obtain any kind of trademark protection. For example, shoes, TV.
How trademark converted into a generic mark?
Whether you have a strong trademark for your company or brand, with the passage of time your trademark can become generic and lose its distinctiveness. The trademark registration consultants UAE help to find the real cause. When a trademark that is associated with a specific product or service is going to be used for a group of products in a company. In such cases, the trademark will lose its authenticity and the market companions can send you to notice against the cancellation of such a generic trademark and bring many disadvantages to the brand or company including:
- Lost the legal trademark protection against a specific product or service.
- Competitors are allowed to use the mark for their market promotion.
- The brand will lose its identification and recognition in the market.
- It will be difficult for brands to advertise their product after losing brand worth.
- As a result, the company will face overall business losses and decline.
How can you avoid the cancellation of a generic trademark?
You can add a brand word after the trademark. For example, the Poland Spring brand.
You can add descriptive phrases with your trademark to keep the brand protected. For example, “from Starbucks to ready brew”.
The reason for trademark cancellation is also when the competitor starts using another’s trademark for marketing purposes. There is a need to restrict the use of unregistered trademarks with legal proceedings.
Conclusion
While having a company formation in UAE, brands have to register their identity. Trademark is the identity of a brand or company to protect its products and services. Trademark registration consultants UAE can help you to determine the right trademark for your brand in order to keep going smoothly.
