What is a legally protected brand?

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.

This trademark infringement case between Microsoft and MikeRoweSoft represents one of the classic legal disputes in the field of intellectual property law. In case you are not already familiar with it, this article summarises the key issues and outlines lessons for brand protection for software companies in particular.

Skill, experience and attention to detail play an essential role in mitigating the potential risks that could impede a successful trademark registration. Given the non-refundable trademark application fees, relying on a trusted expert can provide applicants with an economic benefit in addition to the peace of mind.