Computer Software Trademarks
When computer software first starting rolling out about thirty years, it was possible to get a trademark registered for simply ‘computer software.’ Now, of course, it is necessary to be more focused.
Choosing a Good Trademark
- The strongest mark is a made-up word such as Microsoft®, which combines elements from the words micro-computer and software.
- The next best is a name that’s a real word, but has nothing to do with the goods or services, such as Apple® for computers or Blackberry® for personal computing devices.
- Choose a mark that is evocative and distinctive, without being descriptive.
Choosing a Bad Trademark
- Make it clearly descriptive: For example, don’t try to register a new HTML programming editor as HTML EDITOR.
- Make it confusingly similar to another trademark, so as to either improve your business or devalue another business: This makes for a bad trademark and possible law suits. Don’t try to register MACROSOFT for computer software.
Do You Need a ‘Family’ Brand?
- If you are going to have several different software products, consider having an over-arching brand. For example, Electronic Arts® is the over-arching brand for a family of software which is also individually registered as trademarks, such as Need for Speed® and Medal of Honor®l
- Different considerations usually govern for a ‘family’ brand.
Description of Wares and Services
- CIPO requires that you translate the description of your software into a jargon that CIPO will recognize.
- Providing the correct wares and services involves balancing the need for specifics with the desire to claim as broad a field as possible,
- Providing a CIPO-acceptable description helps greatly to ensure that you get the coverage you expect and need, and reduce time and expense.
