There
really isn’t a more powerful marketing
tool than an effective trademark, something
that is immediately obvious upon reflection
of a few of the most visible companies
today. One only has to think of “The
Golden Arches”, “The Copper Top”, or
the “Nike Swish”, for example, and
immediately the brain will translate that
image into a bunch of associations with that
particular trademark.
Whether those
associations are positive or negative, of
course, will depend on the company and its
products; it’s not up to the trademark
itself. Still, the trademark is the driving
force behind company recognition, and this
is not just true of corporate giants. Any
company can use a trademark as a quick way
for the public to associate a set of
products or services with a company. In this
article, we will take a look at exactly what
a trademark is, and why it is important to
register them.
What is a
trademark?
We discussed
the essential function of a trademark above,
but that does not give a total understanding
of what a trademark can entail. Here are a
few brief trademark facts:
Trademarks
can be pictures, or simply words. Think of
Microsoft Windows. There are probably two
trademarks that come to mind; the first is
the name “Windows”, the second is the
logo. The company Kodak invented a word and
used that as their trademark, again with an
accompanying logo.
Trademarks
MUST be simple and easy to understand.
Remember that the key with a trademark is
simplicity; a quick image or single word
needs to set loose a torrent of associations
within the head of an observer.
What these
two facts mean is that trademarks are a very
difficult combination of simplicity (when
beheld by the public) and thoughtfulness (on
the part of the design team). It takes a lot
of effort to come up with an effective
trademark, and many people choose to
register theirs.
What is a
registered trademark?
A company who
chooses to register a trademark does so in
order to ensure that no other company can
use their idea for their own marketing
purposes. Once a trademark has fully
completed the registration process, sole
usage belongs to the company under the
registration name. This registration may
need to be renewed in a certain time period
in order to guarantee exclusivity.
In addition,
registering a trademark will ensure that a
company does not come into legal
complications with another company using a
similar (or duplicate) trademark. The
registration check includes a period where
the potential registration is made public,
so any objecting parties can file their
issues. After that, the company is free to
use the trademark. Before signing a letter
of guarantee, have a lawyer
in Toronto advise you of your financial
obligations, now and in the future.
By
Rob Parker
