The first is Genericide, a term used when a brand name has become so widely used that it becomes synonymous with a general class of product or service, causing the trademark to lose its distinctiveness. For example, 'Band-Aid' often being used to refer to any adhesive bandage is an instance of genericide.
Strong trademarks are suggestive, fanciful, or arbitrary. Weak trademarks are descriptive or generic. Think about them this way. You want your trademark to be strong or “hot,” as opposed to weak or “cold.”
Nowadays, nearly half (48.3%) of all trademark applications filed in the US with the United States Patent and Trademark Office (USPTO) are rejected.
Likelihood of confusion is a common reason for refusal of a trademark application. The USPTO will review your application and compare your mark to any existing trademark applications or registered trademarks.
Definition of Trademark A trademark is used to identify goods made by a specific producer. Tom's distinctive logo would be one such example, but trademarks can also take the forms of phrases, words, or symbols. Distinctive sounds, scents, or even shapes and colors can also be registered as trademarks.
No, It Isn't Possible to Patent a Name Patents are only issued for inventions, ornamental designs of goods, or plants, not names. To protect your brand name and logo, you will need to utilize the trademark registration service.
If a trademark misdescribes a quality, purpose, function, feature, characteristic, ingredient, or use of the goods or services, and the misrepresentation would be credible or plausible to consumer, the mark would be refused as deceptively misdescriptive.
You can conduct a search in the International Trademarks Register, through the Global Brand Database service of the World Intellectual Property Organisation (WIPO).
Please submit your application with fees to "Trade Marks Registry, Intellectual Property Department, 24/F, Wu Chung House, 213 Queen's Road East, Wanchai, Hong Kong" by post or in person. You may also submit your application electronically through IPD e-filing system. For details, please visit efiling.ipd.hk.
How long does it take to register a trademark? Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.