Friday, September 12, 2008

Strategy to register a non-traditional trademark

I know this comes a bit late given that Apple registered its "non-traditional" trademark for the 3-D shape of the iPod [or even Yamaha Motor Craft for its arcing water spray!]. Yet, I wanted to link up to this article on WSJ because it gives a great 5 step stratergy on how to successfully register a non-traditional trademark.
  1. Give the product a unique name (See Marketing Dept.)
  2. Make sure you get the utility and design patents i.e. make the design unique (See Product-Development Dept.)
  3. Advertise it heavily (Marketing), but isolate product shape and company name to get the intended effect.
  4. Apply for traditional trademarks that are a step towards the registration of the non-traditional trademark. Get the 2-D registration and one for co-branding use.
  5. Finally, having covered every possible base, apply for the non-traditional. The classfication should not be too broad. Keep it simple and with a distingushing feature.

Good to know.

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