For legal professionals concerned with trademark cases, the tale of the company Zotz rings a clear message: be more creative, less descriptive. Zotz, a company responsible for creating children’s toys, found themselves in hot water after their attempt to trademark “Robotoy” was rejected. As it appears, the term was deemed overly descriptive and thus, fell short of securing a trademark approval.
According to a story first published in Inside magazine, NYSBA, Fall 2017, this case underscores an important consideration for any corporation or law firm navigating the intricacy of intellectual property law. Particularly, when it comes to naming products or services, creativity should reign over descriptiveness, the latter of which might lead to a trademark rejection.
This incident highlights the potential pitfalls awaiting companies trying to secure a trademark for their products or services. Rather than choosing names that solely descriptively represent the product, the focus should be towards creative, distinctive, and non-descriptive names; thereby increasing the chance for successful trademark registration.
The story of Zotz offers an important reminder in trademark law that creativity and distinctiveness are paramount. Positions held by legal professionals across the globe, from those working for the world’s top corporations to those working in the best law firms, require foresight of such legal nuances and challenges.
Armed with this knowledge, it would be wise for these professionals to guide their respective corporations towards creativity, ensuring a smooth trademark registration process while simultaneously avoiding potential legal pitfalls.