Trademarks are one of the most visible and crucial parts of a company’s identity and are referred to as “trade names” by legal systems. Customers remember and differentiate goods and services based on their brand’s name and logo. This is true regardless of the size of the business or the industry in which the firm operates. Regardless of the size of the firm, this is true.
In Singapore, trademarks are protected under the Trade Marks Act of 1999 and the Trade Marks Rules of 2017. If a mark can be visually depicted and may be used to distinguish one person’s products or services from another, it is considered a trade mark under the Trademark Act. There are a variety of things that may be regarded trademarks include words, logos and symbols as well as names and signatures as well as shapes, colours and combinations of these. Choosing the trademark services is essential there.
Choosing the best course of action
It is important for a business owner to evaluate both the legal and financial aspects of registering a trademark before making a final decision. You must choose a trademark that is simple to register and that may be used to compel third parties to use your mark in the case of trademark infringement. Even if a potential trademark has a high commercial value, it may also have a low registrability and enforcement score.
When choosing a trademark, the first step is to produce as many options as possible rather than settle on just one. A legal practitioner must do a background check on all of the people on a list of possible candidates.
Let’s start with the most important issue first
It is the ability of a mark to distinguish one owner’s products and services from those of other owners that establishes a mark’s distinctiveness, according to this definition. The degree to which a mark may be described as distinctive, powerful or weak, can be found on a uniqueness spectrum. Here, we’ll discuss a variety of markers, from the least important to the most important.
Descriptive trademarks, on the other hand, may be registered in unusual cases
To be eligible for registration, a trademark must be well-known in the marketplace prior to the filing of an application for trademark registration. A manufacturer or service provider may enforce the use of descriptive marks as source identifiers against third parties if they are used to such a degree or are adequately marketed and promoted.
Such marks fall somewhere in the middle of the uniqueness range. According to the conditions of sale, they are drawn from certain features of the product or service, but they don’t expressly identify the product or service in issue. Customers will have to apply some amount of imagination in order to grasp the nexus. Tanning lotions like “Coppertone” and planes like “Airbus” are both examples of brands. Even if suggestive markings may be registered, there is still a chance that they will be challenged during the registration process or have their enforcement limited in some way.