What are the requirements to protect my logo and/or product name as a trademark?
To be eligible for registration, your future trademark needs to meet some legal requirements such as:
- A distinctive name and/or logo
The main goal of a trademark is to inform the customer about the origin of the products and services they’re buying. Clients must be able to instantly identify your trademark and associate it with your company, with no ambiguity regarding your competitors.
For example, a sign such as ‘I love you’ for rings does not allow you to identify the precise origin of the product. If you see this written on a ring, you won’t think about a brand, but more about a tender engraving for a loved one. Therefore it cannot be registered as a trademark.
- The name/logo should not be descriptive
Trademark registration gives you the exclusive usage of a sign (word, logo, etc.), so you can’t use a generic word that indicates the nature of the product or service. Imagine that you want to register the word “burger” for selling your burgers. You are then granted the monopoly on this word and it stops others from using this word anywhere. It is highly inappropriate as this word should remain free for you and your competitors to use.
In order to be distinctive enough and to inform your clients about the origin of what they’re buying from you, your trademark should not be descriptive.