About Trademarks, Patents and Copyrights
way to start an enterprise! A start-up
company's ability to operate, grow
and prosper depends on up-front due
diligence investigations and appropriate
agreements regarding trademarks,
patents and copyrights. Engaging in this
groundwork early will safeguard against
subsequent disputes.
protect goodwill. A trademark helps a
consumer identify the source of a product
or service. In an era flooded with imagery
and information, it is vital to choose a
brand wisely to stand out.
Generic and Descriptive Marks
generic or descriptive terms for products
or services. A generic term is one that
consumers identify as the common
name for a product or service think
Kleenex
dewberries. You decide to brand the
beer as "beer." Not so fast: trademark
law would prohibit you from registering
(and therefore protecting) a federal
trademark for the name "beer" because it
is generic, and a marketing professional
would advise against it because the name
"beer" is incapable of distinguishing
your beer from Joe Blow's beer.
But let's say that you yearn to call
your beer "Dew Beer Berry." Slow down!
While "Dew Beer Berry" is stronger
than the generic term, "beer," it still
risks being considered descriptive in the
eyes of the law and indistinguishable
from other dewberry beers in the minds
of the public. You are not alone many
businesses select a brand name that
describes their product or services
because they want consumers to
understand what they are selling. The
trouble with this is that calling dewberry
beer "dew beer berry" will likely not
prevent competitors from marketing their
beers under the terms "dew," "beer,"
terms associated with the product,
dewberry beer.
When you lose the power to
prevent others from using brand names
that include terms similar to your
name, you begin to lose control over
your reputation. Furthermore, your
individuality when compared to all
the other dewberry beer breweries is
limited. Your brand risks looking and
feeling similar to other brands trying
to describe their product or service
with similar names. To overcome this,
avoid selecting a descriptive brand
name. Save the descriptive terms for
the "about us" section of your website.
Think outside the box, select a unique
brand name, and let your brand name
serve the purpose of distinction.
The strongest trademarks are
arbitrary or fanciful. They involve
commonly known terms but apply
them to a product or service that is
unrelated e.g., Apple
Leader at Dunlap Codding. Emily provides strategic counsel to
clients on trademarks, copyrights, internet law and licensing.
She is registered to practice before the United States Patent and
Trademark Office.
prosecution, trademarks, copyrights, entertainment law and Internet
law as well as licensing, transactional and litigation matters. She
recently graduated from Oklahoma City University School of Law
where she ranked in the top 5 percent of her class.
609 W. Sheridan Avenue
Oklahoma City, Oklahoma 73102
405.607.8686 Fax
elauderback@dunlapcodding.com
dunlapcodding.com