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Functions of a Trademark (Part B)

A franchise is nothing without a trademark. A trademark performs many important functions, including acting as the representative face of the franchise. Choosing the right trademark is a difficult process, you may wish to start by simply choosing a type of trademark.

Trademark Types

With so many types of trademarks, you may seek a New Jersey business and franchise attorney to help you decide which is best for your franchise. Common types of trademarks include:

  • Fanciful Trademarks are words that were created for the sole purpose of representing a company. Such words have no meaning separate from the company and its products. Examples would include "Xerox" or "Kodak."
  • Arbitrary Trademarks are actual words that are used to represent a franchise that does not in any way relate to the original dictionary definition of the word. An example of this would be "Apple" for computers or "Camel" for cigarettes.
  • Suggestive Trademarks are words that actually connect to the product but require a slight cognitive leap to do so. Usually a word is used to indirectly state the purpose or benefits of the product it represents. A good example of this would be "Coppertone" for suntan lotion.


Suggestive trademarks are not the same as descriptive trademarks.
The difference is in that slight cognitive leap; because descriptive trademarks are too direct, they are not considered to be inherently distinctive. These are the types of distinctions and business choices that a New Jersey business and franchise attorney can talk to you about in the initial phases of developing your business plan.

If you are an entrepreneur who is interested in franchising a business, there is a lot you need to know. Request a no obligation, free copy of The Franchise Formula: A Guide for Franchising your Business in the New Economy. Offering expert help in New York and nationwide, New Jersey business and franchise attorney Charles N. Internicola is ready to answer your questions about franchise, national and international trademarks, and any critical business matters that may arise. Contact us today - 1-800-976-4904.




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