Trademark laws around the world recognise registered owners of marks as the only persons entitled to use them in relation to the range of products or services covered by the registrations within the territories of registration.
The first thing that your customer perceives about your enterprise is usually your mark. Perhaps this is why it is considered a prime marketing tool. A mark usually consists of a name, slogan, symbol, etc., that identifies the origin of your products or services and distinguishes them from similar ones.
Successful business owners across the world including Nigeria are known to utilise unique marks in protecting and positioning their enterprises. Sadly, many enterprises still do not give this process much thought. In this edition of keeping your mark up to scratch, we will focus on some key issues i.e. selecting, registering and using trademarks.
Selecting Your Trademark
Selecting a mark may not be the easiest feat but here are some practical tips:
Adopt a distinct mark by: coining a new word, clipping an existing word, fusing words together or abbreviating words (whichever works for you) while paying careful attention to the oral impact of the word. Stay clear of words that are similar or too close to an existing mark;
Personalise your mark by: combining logos, symbols, images or characters with a word or words. This can create or enhance a distinctive commercial impression and distinguish between two similar marks.
Registering your Trademark
Trademark laws around the world recognise registered owners of marks as the only persons entitled to use them in relation to the range of products or services covered by the registrations within the territories of registration. Whilst there are a few exceptions to this right, it is no doubt, a priceless asset.
Prior to a trademark registration an availability search must be conducted. If the mark is available trademark registration involves, filing applications at the relevant Trademark office,
publication, issuance of certificates and monitoring. It is therefore wise to consult experienced trademark consultants to assist in registering your mark.
Using your Trademark
The use of marks is crucial in any campaign to acquire, maintain or preserve their ability to identify the origin of products or services. Use also strengthens trademark registrations, overcomes defences raised in trademark litigation and minimizes the likelihood of loosing distinctiveness. Thus, anyone who cares about his/her/its mark will want to use it properly.
Here are some tips on trademark use:
Apply marks directly to the containers in which products are packaged or to tags or labels attached to the products, use them in signs and advertisements offering services and on letterheads, invoices, etc., through which the services are provided. Marks cannot discharge their source-identifying duties, if they are not seen on products or with services;
Apply marks to correspondence, promotional material, web pages and other media containing or describing the marks;
Marks are adjectives and should be used only as such. One way to ensure that a mark is used in the proper adjectival context is to follow each use with everyday nouns e.g. “Aero” "freight service” or “Rose” “Toilet Tissue”. Using these terms after the marks makes them adjectives, rather than nouns.
Finally, when using marks in print or electronic media, they should be distinguished from any surrounding text. This could be done by applying uppercase, underline, italics, quotation marks or boldface type to the marks.
Did you enjoy reading this article? Check out other interesting articles in this edition of our newsletter. If you would like to find out more about the issues discussed, please send us an email on oollp.ipmedia@olajideoyewole.com
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