17 August 2023 • 3 min read
share this blog
Laudatory trademarks can be a powerful tool for enhancing your brand’s image and differentiating yourself from competitors. In this article, we’ll explore how laudatory trademarks can benefit your business and provide guidance on the registration process, risks, and costs involved.
Laudatory trademarks utilize positive and descriptive words or phrases to create a favorable association with your brand in the minds of consumers.
Think: “Happy Pets” for a pet store.
By highlighting the quality and superiority of your offerings, you can establish a distinct image for your brand. In the case of Happy Pets, it conveys an impression of animals that are well taken care of.
A laudatory mark represents a brand’s commitment to quality. In this case, the store is committed to ensuring the well-being of its animals.
To select one for your brand:
Laudatory trademarks offer several benefits for your brand:
To create a successful laudatory trademark, you must meet the distinctiveness criteria set by the United States Patent and Trademark Office (USPTO).
This includes selecting an inherently distinctive product feature to associate with the laudatory mark and researching potential competitors who may use similar marks. Once registered, you can enforce the usage of your laudatory mark and prevent others from infringing on your brand’s identity.
You must go through the trademark application process to receive federal protection for your laudatory mark. This entails submitting a comprehensive application to the USPTO and satisfying all registration-related legal requirements.
As I’ve said, this includes distinctiveness, but you must also meet the non-confusion and permissible usage criterion. You can learn more about this on the USPTO.
Consider consulting a professional to navigate the nuances of the application process effectively.
While a laudatory term provides numerous benefits, it’s essential to consider the associated risks and costs.
Laudatory trademarks are generally considered weak as a descriptive type of trademark. This may limit their legal strength and require additional measures for protection.
In addition, maintaining a laudatory trademark, like any other trademark, requires ongoing renewal fees. These costs should be factored into your overall marketing budget.
Depending on your business, it may or may not be a good idea to register a laudatory trademark. While they are generally considered weak because they’d be regarded as descriptive marks, they do come with the benefit of creating a positive association in the minds of your customers.
It’s always a give and take, isn’t it?
There are four categories of trademarks: generic, descriptive, suggestive, arbitrary, or fanciful. Generics are the weakest trademarks as these are words such as “boat” for a boat shop. Fanciful trademarks include made-up words such as Adidas.
Laudatory words praise the quality or characteristics of goods or services on offer. Descriptive words, on the other hand, merely describe them.
Laudatory relates to praise. When someone speaks laudatory words over you, these are positive.
share this blog
Lindokuhle Mkhize, a skilled creative copywriter and content lead at Trademarkia, brings a wealth of experience in driving innovation and managing teams. With previous success in starting and growing the Innovation and Marketing department at her former creative agency, Lindokuhle boasts expertise in leadership and delivering compelling content. Based in South Africa, Lindokuhle's work focuses on key themes of creativity, effective communication, and strategic marketing.
6 Tips: What To Do After Filing A Tradem...
21 September 2023 • 4 min read
How to Trademark a T-shirt Slogan — a St...
20 September 2023 • 5 min read
Political Slogans as Trademarks: Attract...
20 September 2023 • 6 min read
10 Reasons Why Trademarks Are Important ...
19 September 2023 • 6 min read
Who Should Own My Trademark? (3 Fatal Mi...
19 September 2023 • 3 min read