Is there a way to do a thorough assessment on a mark and consider the likelihood of success prior to filing a trademark application?

#KimOhNo became a symbol of the backlash to Kim Kardashian’s attempt to register a trademark for her new line of shape wear, Kimono.

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.

Trademark registration can be viewed as a crucial step towards the market success. This article presents a closer look into the role of trademark registration in the success stories of Jacuzzi, Ping-Pong and Zamboni, for which the trademark has become more renown than the very product these brands describe.