12/28/2022 0 Comments Fantastical definitionSome trademark owners don’t view immediately applying for trademark registration as a necessity. As long as it’s already being used in commerce or meets Intent to Use Trademark requirements, an application can be submitted and approved by the U.S. It’s not necessary to build up a following in the market or even garner widespread public recognition. Injunctions likely: Courts are more likely to issue an injunction if a fanciful trademark is infringed.Īny trademark that qualifies as fanciful is immediately considered inherently distinctive.Creating a fanciful trademark lets you purchase these domains before your brand identifier becomes public knowledge. Avoid cybersquatting: Domain squatters have purchased countless internet URLs in hopes of selling them to a company who owns rights over a trademark.The best you can get: While other types of trademarks can become strong over time, fanciful properties start out with prima facie.Thanks to rules regarding dilution, protections for fanciful identifiers may be more extensive. True exclusive rights: Exclusive rights over a trademark typically only apply within an industry.In addition to this, there are a variety of other benefits of fanciful trademarks: This essentially makes it impossible for any competitor to claim prior use over the trademark. The name exists only to identify a specific oil and gas corporation. The word ‘Exxon,’ for instance, was listed in no dictionary or industry publication prior to its registration. The word or words were created solely for use by the brand. The following are examples of fanciful trademarks:įanciful trademarks are something truly unique. They did not exist in the English language prior to use their use as a trademark. This is what makes these trademarks so distinctive. Before ‘Exxon’ was ever used to identify a brand, for instance, using the word would’ve conveyed no meaning to anyone. While consumers may immediately link the following fanciful trademark examples to a specific product or service, this wouldn’t have always been the case. Fanciful trademarks used in conjunction with novel products also create a greater likelihood that the trademark will become generic. Others may try to piggyback on the brand’s success, and failure to stop this can lead to a loss of all rights. This doesn’t mean that fanciful trademarks can’t encounter legal issues. This is because it’s difficult for someone to claim accidental infringement or prior use of a truly unique identifier. Home » Fanciful Trademark Fanciful Trademarkįanciful trademarks provide the most trademark protection against infringement.
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