One of the biggest dangers for imaginative brands is genericide. This occurs when a protected trade mark identifier is assimilated to the whole category of goods or services concerned. The word „thermos,” for example, belonged to a single company. However, when people started using the word to describe all brands of insulated cups, it was declared generic. FindLaw.com Free and reliable legal information for consumers and legal professionals There is no need to prove actual cases of blurring or damage. If unclear dilution is possible or perceived, courts will generally side with the old brand identifier. Dilution is a particular problem for fancy brand identifiers, as third parties want to profit from their success. Fortunately, there are safeguards against this form of trademark counterfeiting. In general, an imaginative mark is a trademark with words that were invented solely to function as a trademark, and therefore the mark only makes sense when applied to the specific mark. Creating the perfect imaginative brand means finding the „feel” you want your brand to convey to consumers. George Eastman, who created the Kodak brand, said a good brand should be meaningless, short, easy to spell and bold. Any brand that qualifies as imaginative is immediately considered inherently distinctive.
There is no need to create an audience in the market or even gain wide public recognition. As long as it is already used for commercial purposes or meets the requirements for intent to use trademarks, an application may be filed and approved by the United States Patent and Trademark Office (USPTO). In addition, there are a variety of other benefits of fancy trademarks: To establish trademark infringement, an applicant must prove that they own a valid trademark and that your use of the trademark is likely to cause confusion. Trademark owners are protected from others who use their trademarks or reproductions or imitations of their trademarks in commerce if such use could be confusing, likely to cause error, or is likely to mislead. It is easier for an applicant to prove trademark infringement and related claims if the trademark in question is fanciful. Famous examples of imaginative brands include Exxon, Kodak, Pepsi, Clorox and Xerox. While consumers could immediately associate the following fancy brand examples with a specific product or service, this would not always have been the case. For example, before „Exxon” was used to identify a brand, the use of the word would have made no sense to anyone.
This is what makes these marks so distinctive. They did not exist in the English language before being used as a trademark. Here are some examples of fancy marks: Any brand that falls under the fancy umbrella should have an easier time going through a USPTO examiner. And if it`s truly unique, it`s unlikely that anyone will have reason to file an opposition to a trademark. This means that there is no excuse not to immediately file an application for an imaginative trademark that you use or intend to use. Are you a lawyer? Visit our professional website » An imaginative trademark is distinctive and only makes sense when used in relation to a particular product. For this reason, imaginative brands are the strongest type of brand. Do not hesitate to contact us if you have any problems related to an imaginative brand. While fancy brands are the strongest type of brand, there is one downside that you should definitely consider. This level of inherent distinctiveness can also make your trademark search easier.
While these versions also need to be done on fancy identifiers, their truly unique nature can speed up a search. It quickly becomes obvious if a third party is already using the trademark. In the case of trademark infringement, your accuser must prove that they are the rightful owner of the trademark and that your trademark is confusing for customers. It is easier to prove trademark infringement if the trademark is fanciful because it is inherently distinctive. If this is your case, the accuser can probably win the case, and you should look for a good trademark lawyer. Perhaps the best way to understand what distinguishes an imaginative brand from a generic one is to give a few examples. There are many reasons why choosing an imaginative brand is often the best choice: many once small businesses have built their brands and reputation on the strength of their brands. Apple, Amazon, Nike, ExxonMobil are some of the most recognizable brands in the world because they have strong brands that are imaginative. Imaginative brands are the strongest because they are the most striking. Fancy marks are terms that were invented solely to function as a trademark or service mark or that are completely out of common parlance.
In other words, fanciful marks are often neologisms or words that have become archaic. This is especially problematic for fancy brands that represent the first use of a type of product or service. If there is no patent application, nothing prevents other brands from entering the market with similar offers. If consumers use your fancy identifier to describe the following brands – which is likely since your brand has already been on the market – it could be declared generic. Trademarks have different strengths, depending on the strength of the underlying term used in relation to the goods or services in question. Imaginative trademarks offer the greatest protection against trademark counterfeiting. What is an imaginative brand? Because of their distinctiveness, imaginative marks are considered the strongest or strongest types of marks. They relate only to the goods or services to which they are applied. A fancy mark has no other meaning than in relation to certain goods or services.
For example, Exxon® is used only to refer to a brand of fuel and fuel-related products. Similarly, Kodak (now „Eastman Kodak®”) was used as a brand for a company that produced imaging innovations. Other fancy brands include those like Clorox® and Polaroid®. Prima facie force means that the mark is accepted as true and correct from a legal point of view until proven otherwise.