June 25, 2024 Copyright ©️ 2024 by JinRui International Patent & Trademark Joint Office

 

 

The easiest way to start a business

is to try setting up a stall at a market.

Once you hang up a banner, you’re already operating a brand.

 

Reminder: Before doing marketing, register your trademark first.

When naming a chain brand, remember to avoid using words that lack distinctiveness, such as generic terms, geographic names, or self-promotional phrases.

 

What does that mean?Do not use descriptive words for products or services.
In the future, when you want to license your brand to distributors or franchisees,

descriptive terms for products or services cannot be exclusively used,

which means others could use the same store name without paying any licensing fees.

 

For example, names like “Taichung Handmade Master” or “Isshōkenmei Toast”

are merely descriptions of the brand’s characteristics.

 

Did you know that Karuizawa Hotpot didn’t get exclusive trademark registration?

That’s because Karuizawa was ruled by the court to be a geographic name.

When presenting evidence in court, since the market survey was conducted inside the restaurant,

it was not accepted as valid proof of acquired distinctiveness!

 

If you want to develop a franchise brand,

you can try using these three methods to come up with a brand name:

 1. Inventiveness, or

 2. Arbitrariness, or

 3. Suggestiveness

Since great minds think alike,

your brand name is essentially the intellectual creation in your mind—

applying for a trademark with the Intellectual Property Office is what makes that right legally real.

Want to know if your trademark can be successfully registered?

Need help with your franchise agreement as you expand?

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