What documents do I need to register a trademark?

By definition, a trademark needs to display sufficient distinctiveness to identify the origin and ownership of the products and services. That means generic and descriptive words should be avoided at all costs. The landmark case in United States PTO v. Booking.com B.V, however, proves that a generic term combined with “.com” or another top-level domain can be registered as a trademark if there is sufficient evidence of consumer recognition.

One of the most common reasons for trademark disputes has to do with the perceived similarity between existing trademarks. The two trademarks are considered “similar” if they share common characteristics connected to their appearance, sound, meaning and commercial impression, and if they are used for related goods or services. This is seen as a problem from brand perspective because the consumers might believe that the owners of the two trademarks are related, affiliated, connected, or that the goods or services originate from the same source.

Two sailing enthusiasts, Thomas Guy and Chris Jacobs, have developed an app for fellow sailors, allowing them to capture their experience in one place. SailTies brand has instantly become loved by the sailing community and naturally, its founders have smartly focused on brand protection through trademark registration from the very start! Read the full story of turning a sailing hobby into the beloved app.