Actually, no.
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| Everyone loves the day when they can start using the registered trademark symbol after their newly registered mark. |
There are five classifications of marks (four of which can be registered with the USPTO). (Actually, Famous marks are given extra protection, but let's assume that if you're starting out, you don't have one of those.)
They are (in order of strength):
Fanciful - A fanciful mark is one that is a made up word or set of words that have no dictionary definition. Examples would include: Xerox, Google, Ebay.
Arbitrary - Arbitrary marks are ones where the words themselves have dictionary definitions, but no actual relation to the class of goods and services being protected. Examples: Shell for gasoline, Apple for computers, Tide for laundry detergent.
Suggestive - Suggestive marks are marks that have some relation to a feature or quality of the goods and services being offered but are not directly descriptive of the good or service. A suggestive mark would require you to do some thinking to see the relationship, otherwise it would fall into the descriptive category. Examples: Sunmaid for raisins, Coppertone for suntan lotion, Jaguar or Mustang for cars, Playboy for a men's magazine.
Descriptive - Descriptive marks are exactly what you'd think they are. They describe the service or product being offered. They are often not permitted registration on the Principal Register but instead have to be included on the Supplemental Register (once it has been used in commerce for 5 years, it can be moved to the Principal Register). Often marks that include a first name or surname fall into this category. Other examples include: Vision Center for an eyeglass store, Jiffy Lube for a 15 minute oil change spot, Bob's Ice Cream Shoppe for an ice cream store.
Generic - Generic marks are, well, generic terms for the product or service being offered. Examples: Apple if you're selling apples, Soap if you're selling soap. Adding a descriptor will, however, change the classification to Descriptive.
Interestingly enough, companies fight very hard to keep their marks from becoming generic. If your mark becomes a household description of a class of products or services, you weaken the strength of even the strongest types of marks.
Examples of somemarks who spend a lot of time and money fighting to keep from becoming generic include: Scotch tape, Band Aids, Xerox, Google and Kleenex.
Picking a strong mark and keeping it strong are essential to the value of your intellectual property and, in turn, your brand and your business.
If you have more questions about how to create a strong mark and how to protect that mark once you have it, I'm always happy to discuss it. You can either ask me via Twitter (http://www.twitter.com/DeenaEsq) or fill out the contact form on my website (http://www.ebusinesslawgroup.com)
Visit us at www.ebusinesslawgroup.com anytime to discuss your intellectual property issues.
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