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The Way of Trademark, by Thomas M. Saunders
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“Try not to be an idiot.” Sun Tsu
This chapter addresses the Tao of trademark selection and deployment. We caution against selection of inherently weak marks as squandering a potentially major asset and point out certain land mines.
It is a fact that 99.63% of clients think up totally useless trademarks and insist on adopting them. Dissuading them from pursuing useless trademarks has the same success rate as persuading them that their children are ugly. Persisting with a weak mark is an error in judgment. A strong mark will, over time, become a significant asset.
Quality trademark creation requires a combination of business strategy, knowledge of the rules of the game, and luck. Avoiding trademarks which are “merely descriptive” is critical. From experience we can confirm that only with rare exceptions does pleading, logic, sarcasm, ridicule, or plain old berating alter these decisions.
In selecting a trademark, it is important to identify a trademark with the potential to gain strength over time. It is even more important to avoid selecting a trademark that will always be weak to the point of useless. A significant error (from the executive perspective) is to select a trademark that invites litigation. This chapter discusses trademark basics and provides insight into common mistakes and strategies by which to avoid them.
As noted above, we are not retiring when expressing my disdain for a poorly selected mark with no future.
- Sales Rank: #2654599 in eBooks
- Published on: 2012-08-05
- Released on: 2012-08-05
- Format: Kindle eBook
Most helpful customer reviews
2 of 2 people found the following review helpful.
Half legal , Half marketing, all worth it
By Rainman
Saunders tells it like it is. This is well written and plain English, not legal jibber jabber. You can pay a lawyer a whole lot more for advice that might hold up in court but you would still have a lousy trademark. The author seems to be half lawyer half marketing genius. This material was well worth it. Sound pragmatic advice that will be applied on our next trademark decision!
2 of 2 people found the following review helpful.
Trademarks without fear
By Cookie
Great book. Saunders writes with clarity and humor.
A must have for anyone who is going through this process or even thinking about it.
Well worth the price.
1 of 1 people found the following review helpful.
The Way of Trademark by Thomas Saunders
By BethE
This book is a highly-readable, practical and concise primer on the key concepts of successful trademark practice. Saunders presents complex ideas clearly and with humor. Well worth the $9.99.The Way of Trademark
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