Want to Build a Strong Brand Name? Think in Terms of Trademarks to Add Value to Your Brand!

Are you unsure how to select a brand name that is both memorable and a strong asset? From a trademark perspective, a good name can help you not only stand out but also protect your brand. Here are 3 types of marks to consider.

3 Types of Trademarks

1️⃣ A “Coined” Mark–a word that has no meaning in the English language
E.g., EXXON for gasoline

2️⃣ An “Arbitrary” Mark–a word that exists but is entirely unrelated to the business, product, or service that uses it
E.g., APPLE for computers

3️⃣ A “Suggestive” Mark–a word that suggests the nature of the product or service without describing it
E.g., NETFLIX for streaming services

 

✅ DO select the strongest types of trademarks: COINED and ARBITRARY marks

These provide an Opportunity to build a positive association between the name and the company, product, or service

❌ DON’T Select a brand name that DESCRIBES the product or service

These are more likely to be used by competitors leading to a higher risk of brand competition

Descriptive words must remain available to describe products and services

These are more likely to be rejected as trademarks

 

Have a trademark law question? Message me!

 

Are you following laws like the “30-day Rule” when selling physical products online?

⤵WHAT is the “30-day Rule”?

Federal laws require that when you advertise and sell physical items, you must:

→  Have a reasonable basis for stating or implying that you can ship within a certain time.

OR

→ If you make no shipment statement, you must have a reasonable basis for believing that you can ship within 30 days.

⤵WHEN does the 30-day rule apply?

It doesn’t matter how you market the items, how the customer pays, or who reached out first. The 30-day Rule still applies. This is even if the customer orders by mail, phone, or internet.

⤵WHAT HAPPENS if you can’t ship in time?

If you accept a customer’s order and then realize you can’t ship the product to them within the time you said or within 30 days, the law requires that you get your customer’s permission for the delay.

If you’re unable to get the customer’s permission (whether phone, email, or otherwise) the law requires that you immediately refund all the money your customer paid for the unshipped items.

Amazon to pay $61M for pocketing tips promised to drivers

Amazon told delivery drivers in its Amazon Flex program – and customers who placed orders through Prime Now and AmazonFresh – that 100% of tips would go directly to the drivers. But, for more than two years, Amazon secretly pocketed over $61 million of those tips. Now the Federal Trade Commission will hold Amazon to its promises and Amazon will be returning the entire $61.7 million to Amazon Flex drivers.

What can you learn from this case? 

When advertising, be transparent about material terms. Explain up front important information about pay, tips etc. If you change the nature of the deal, be clear about that, too. Concealing what’s going on can lead to class actions, fines, and investigations. 

Substantiate your claims – express or implied. 

Amazon misled customers and drivers by stating that “100% of tips are passed on to your courier.” How would customers have responded if Amazon had told them the truth: “We take 30% to cover our costs and pass on 70% to your courier”? Like other objective claims about products or price, companies also honor their representations to the public. 

Do you engage in marketing or have an online checkout flow for your products or services? → You may want to hire a marketing lawyer to keep you out of hot water. 


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