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Step-by-step guide to create an original trademark

03/02/2023 - 02:44
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For the majority of firms, it is challenging to develop a distinctive product brand name and an appealing logo. Businesses can stop rivals from using the same or similar names and logos to hurt their business by registering their name and logo as a trademark. Also, having a trademark that is legally protected will contribute to raising the value of both the firm and its brand.

The Coca-Cola brand, owned by the global corporation of the same name, is a prime example of a popular and genuinely distinctive trademark. This trademark is extremely distinctive, and its owners have registered it and taken steps to defend it worldwide. According to Brand Finance, a brand valuation and strategic consulting organization, the Coca-Cola brand is worth up to $35 billion in 2022. Here are some ideas if you want to take a cue from Coca-success Cola’s and create your own successful trademark.

The Coca Cola brand has remained virtually unchanged for 130 years.

  1. Avoid brand names

Don’t try to go by the name as generic as, for example “COFFEE”, if your business specializes in preparing and selling coffee products. Furthermore, such marks are often considered to be indistinguishable, or descriptive, making it difficult to obtain exclusive protection.

    2. Avoid product description

When choosing a name for your brand, avoid descriptive names related to the products or services you offer. For example, avoid the name “Smooth” if you want to tell it to be used for silk products. Silky smoothness is a property of silk fabric products that will not be allowed to be protected as a trademark for silk fabric products under Vietnamese Intellectual Property Law.

If you want to mention the nature of your product in a subtle way, please refer to suggestion #5 below.

        3. Create an entirely new words for the brand

Although inventing a new word is not easy, trademarks created in this way are very easy to protect, and the newly created words themselves are very likely to be well received by consumers. animal. For example, the trademark Pokémon, this is a coined word. Pokémon is a shortened transliteration of the Japanese word Pocket Monsters (ポケットモンスター Poketto Monsutā, meaning “Pocket Monster”)

 

The Pokemon’s logo, accompany by its most famous creation, Pikachu.

4. Choose an unrelated, random word

Using a random word as the name of your company is another fantastic idea. In this context, random denotes that the word has nothing to do with the goods or services you provide. We can use the well-known brand APPLE as an illustration. If your business specializes in selling ripe apples that are produced in Vietnam, America, China, or New Zealand, then this brand will undoubtedly be quite uninteresting. But, by using this name for its primary brand, a company that specialized in selling computers and mobile phones in the US has won big. Here, it is clear that, except from the fact that computers and phones can place orders for apple purchases, Apples and computers and mobile phones have nothing whatsoever in common.

5. Brand name with hidden message

If you still want to convey a certain message related to your product or service, use hidden messages instead of product descriptions. Look for suggestive words instead of directly describing your product. The law allows trademarks with hints that are not descriptions to be protected.

Some well-known trademarks using this method can include the AIRBUS trademark for aircraft, Microsoft for computer products and services, etc., “Tue Phong” for intellectual property representation services.

Microsoft famous “window” logo, recently revised.

 6. Conduct a trademark search

Even though you put a lot of effort into choosing and developing a fantastic trademark, there is still a chance that it will be similar to or the same as a brand that has already been registered. Up to 400,000 trademarks in Vietnam are currently registered for protection, making a fight imminent. If trademarks similar to or identical to yours are already registered for the protection of goods or services associated with the goods or services for which you intend to submit for exclusive protection, you might not be eligible. Even worse, after 2 years after the application’s filing, the National Office of Intellectual Property refuses to register it. As a result, you should carry out a trademark search to reduce time and expense.

You can conduct the search yourself by following this link at the website of the National Office of Intellectual Property:

http://wipopublish.ipvietnam.gov.vn/wopublish-search/public/trademarks?0&query=*:*

  1. Get advice from a Trademark Lawyer

From the aforementioned tips, you can get ideas for choosing and developing your own companies logo. Unfortunately, it takes a lot of time and effort to research and apply intellectual property law to evaluate a label’s capacity for protection. Furthermore, there are other instances where it is challenging to make a judgment when the mark itself is in the murky territory of legal restrictions. According to the details in the link below, you can speak with the knowledgeable trademark attorneys of Tue Phong and receive a free consultation in that case:

https://tuephong.com.vn/en/contact/

Tue Phong is always ready to accompany you in the process of choosing, creating and protecting your trademark