2018-06-12
What makes you different (or distinct) makes you stronger, and this is especially true in the case of trademarks. Have you considered how Apple has been able to build a brand around its logo? It’s partly a result of its distinct logo, which acts as an added protection against potential copycats, who intend to consciously or unconsciously achieve commercial success by confusing the end consumer. Without the famous bite on the Apple logo, the trademark protection available to the company may well have been significantly weaker. Before we proceed to explain what trademark distinctiveness is, let us explain the concept of a trademark and how it works.
What is a Trademark?
A trademark is a type of intellectual property, through which the owner of a registered logo, sign, emblem, crest, motif, or stamp obtains control over its commercial use, and can use any of the same to represent itself or its products. It is a brand identifier, which helps the public instantly connect a product with a particular brand. For instance, Apple simply has to use its famous ‘bitten apple’ trademark to represent its product and services. And, the popularity of trademark directly results in its increasing value as an IP asset. Furthermore, legal ownership over a sign or symbol grants the owner legal protection over its use and deters outside entities from unfairly using it for the purpose of commercial gain.
For a sign or symbol to receive such benefits as legal protection and right to exclusivity, it is important that it be distinct enough to retain its uniqueness, while, at the same time, the symbol must not be too generic so as to not weaken its scope of protection.
Importance of Trademark Distinctiveness
In addition to identifying the products and services as emanating from your business, there's nothing more important for a symbol than to retain its distinctiveness. Here are the reasons why trademark distinctiveness is so important:
Easier Registration
The more obscure or unique the sign or symbol is, the easier it is to successfully secure a registration and avail the benefits of a ‘registered trademark’. Furthermore, the scope of your protection increases with its distinctiveness.
Reduced Chances of Misrepresentation
The more obscure or unique the sign or symbol is, the more unlikely it is for a third party to attempt to utilize it as their own name or symbol. In the event that a third party infringes on your trademark, the obscurity of your trademark works to your advantage and you may be in a better position in the event of a legal battle.
Trademark distinctiveness is a factor that you must consider when designing the long-term symbol for your brand. It so often happens that the strength of the resulting trademark directly determines the success or failure of the resulting product. It is for this reason that you should consider consulting with trademark agents or lawyers to understand more about the types of trademarks that can lend you greater protection. Contact our team of professions for a consultation. We would be happy to assist you with any questions related to the Canadian framework of trademarks.
