Challenges for brand owners which poses Weak trademarks

A weak trademark generally a phrase, word, logo, or other distinguishing feature that a business uses to set itself apart from competitors’ products, but it isn’t very distinctive or noteworthy. A trademark needs to be unique, used within the marketplace as a whole and registered with the Trademark Office in order to be legally protected. A weak trademark lacks strength and might not be protected from infringement. It’s similar to having a name which numerous other people have as opposed to a name that is exclusive to you.

A trademark that is suggestive or descriptive of the good or service that it represents is considered weak. This indicates that there is insufficient relationship between the trademark and the good or service for it to be regarded as distinctive. A trademark needs to be unique, attached to a brand that is really offered in the market, and Trademark Office registered.

Weak trademarks include:

• “Apple” refers to a corporation that sells apple products.
• “Soft” refers to a type of soft drink brand.
• “Fast” for a running shoe brand.

These instances show how the trademark isn’t unique enough to warrant protection. Since the fruit is frequently referred to as “apples,” the term “apple” is not particularly associated with the corporation that sells them. In a similar vein, the terms “soft” although “fast” are frequently employed to characterize attributes of goods and are not closely associated with any one brand of running shoes or soft drink.

 

Descriptive trademarks and simply descriptive trademarks are regarded as weak trademarks yet can still be protected, in contrast to suggestive, arbitrary, and fantastical trademarks, which can be considered strong trademarks.  Trademark law does not provide protection for generic trademarks.  Trademarks that characterize a product or class of goods or that have experienced generic infringement are considered generic.

Since a trademark can be among a company’s most valuable assets, it is important to build the strongest possible brand. For example, a registered trademark that is different and unique is far more powerful that a trademark that generally describes the products or services. For instance, using the phrase “furniture store” in reference to the selling of furniture could not be protected. A weak trademark can be registered, but it will not have the same level of legal protection against alleged infringers.

Think about the many kinds of trademarks if you are establishing a new company or want to introduce a new good or service.  Business owners frequently select descriptive trademarks during this procedure, which can be advantageous from a marketing standpoint but challenging to get or defend legally.  A suggestive trademark achieves the finest balance between advertising and legal factors as opposed to descriptive or generic trademark.

 

Tips for Avoiding Weak Trademark Selection

Not every mark in the world of trademarks is made equal. A weak trademark is devoid of the power and individuality required to successfully defend your brand. Its disadvantages as well as crucial advice on how to avoid potential mistakes when choosing a trademark. Because generic trademarks are either generic from the start or become generic over time, they are not eligible for legal protection.  Generally speaking, descriptive and just descriptive trademarks are the two types of descriptive trademarks.

1. Detailed Trademarks: Descriptive terms may occasionally serve to identify the source of products or services and may be filed for trademark registration.  Trademarks of this kind may be registered under section 2(f) of the principal register, or under the supplemental register.  For instance, the trademark rights of a furniture store called Los Angeles Furniture Center could be restricted since the name of the business refers to it as a center for the sale of furniture in Los Angeles.
2. Basically descriptive trademarks includes Surnames: A trademark that is only descriptive effectively communicates the nature, attribute, purpose, or feature of the products or services that the applicant is offering.  It is challenging to register words and phrases that explain the operation, application, or goal of a good or service as a trademark. These trademarks could still be able to be registered, nonetheless, either to the primary register or to the supplementary register without the section 2(f) designation.  If a company has been using a descriptive term exclusively for a while and customers have come to link the descriptive phrase with that specific company, then the descriptive trademark has the potential to become distinctive. For instance, throughout time, as customers distinguished between many cereals containing raisins and bran and the particular cereal marketed by Kellogg’s, the term “raisin bran” acquired a secondary meaning. A surname trademark may also be weak. For instance, since “Patel’s Restaurant” is based on a usual surname and does not set the company apart from rivals, it would be a poor trademark. Here are a few instances of descriptive trademarks:
   1. “Creamy” in reference to yogurt.
   2. “Apple pie” to use with potpourri.
   3. “Bed & Breakfast Registry” offers services related to booking accommodations.
3. Describe generic trademarks: The word “generic trademark” refers to the kind or class of products or services that are being discussed.   Trademark protection is not available for generic trademarks since it would prohibit other businesses from accurately representing their products or services. For instance, it would be difficult for other furniture stores to describe their operations without violating trademarks if a corporation had the right to establish Furniture Store with the sale of furniture.Here are a few instances:
   1. “Cycle” refers to bicycles.
   2. For a bagel shop, “bagel shop.”
   3. “E-ticket” refers to computerized transportation service reservations and ticketing.
4. Common Phrases: Weak trademarks sometimes rely on phrases that aren’t unique enough to set them apart from rival brands. For instance, “Coke Classic” and “Coca Cola Classic” are too close to the popular Coca-Cola brand to be regarded as strong trademarks.
5. Geographic Terms: Using geographical names in your trademark could make it weaker, restricting its protection to a particular area and hindering your goals for growth.. For instance, “Mumbai Travel Agency” is a weak trademark since it only refers to the company’s location and doesn’t set it apart from rivals.
6. Misspellings: Intentional mistakes in spelling of common words might not have the necessary distinctiveness over a strong trademark.

It is significant to remember that it may be challenging to defend and enforce weak trademarks against infringement. To safeguard the brand and stop infringement, a powerful trademark that is distinct, one-of-a-kind, and easily recognized must be chosen. Conversely, less distinctive trademarks that are more prone to be mistaken for generic phrases or other trademarks are known as weak trademarks. Describers or generic words such as “The Coffee Shop” or as “Best Quality Shoes” are examples of weak trademarks. Due to the increased likelihood of trademark challenges from rivals, these marks might become more challenging to register and protect.

 

What Exactly is Genericide?

What happens to a brand name when it becomes generic and no longer qualifies as a trademark is called “genericide.”  Consumers start using the trademarked brand name to refer to a category of goods rather than a specific brand during this process. Some brands that were once protected by trademarks have become generic, such as Thermos, Videotape, Aspirin, and Trampoline.

 

Not Every Mark Is Created Equally.

When a consumer can identify the owner of a trademark as the supplier of the relevant products or services with ease, that trademark is considered strong. A trademark is deemed weak if consumers are unable to differentiate it from similar marks used by other companies.

The efficiency of the good or service in marketplaces may be directly correlated with the power of the trademark, therefore choosing a strong mark is crucial. Strong trademarks are actually the foundation of some of the most well-known brands in the world, including Apple, Amazon, Microsoft, and Google. Brands with higher rankings, including Zoom, Uber, and Heineken, are worth more money.

 

Advice on Steering Clear of Weak Trademarks

Be Different and Stand Out: Select a distinctive symbol to help customers easily identify and recall your business.

• Perform a Trademark Search: To make sure the mark you want isn’t already being used, helping you stay out of trouble with the law.
• Stay Away from Descriptive and Generic Terms: Stay clear of terms which provide a direct description of your good or service.
• Avoid Geographical Names: Select marks that are globally applicable and do not have geographical restrictions.

 

The following are some disadvantages of weak trademarks: 

1. Limited Protection: Obtaining legal protection regarding infringement, diluting, or unauthorized use is extremely difficult for weak trademarks.
2. Market confusion: Weak trademarks may be mistaken for products offered by rivals by consumers, which would reduce brand awareness and loyalty.
3. Difficulty in Expansion: Brands may find it difficult to enter new markets if their keywords are generic and geographically restricted.