Aug 23, 2006

Don't google it...

Google is policing their trademarks, according to this article entitled Google Cracking Down On Trademark. This is something that they must do if they expect to maintain their trademark. Even though their name is made up (or "fanciful") or even arbitrary, one must always guard against a mark becoming "generic." As a reminder, the levels of trademark protection, from strongest to weakest, are:

Fanciful- the strongest type of trademark, which is an invented word- such as "kodak"
Arbitrary- the next strongest- this is a real word, but used for something different, such as "apple" for computers or "mustang" for cars
Suggestive- this is where a term describes something in the underlying product or service, but still requires some imagination to connect the mark with the product or service, such as "gateway computers"
Descriptive- this mark completely describes the product or service, however can obtain trademark protection through use and/or fame. An example is "Joe's 15 minute oil change."
Generic- this is when a term is so connected with a product or service, that everyone associates it with all products or services- such as using "kleenex" instead of "facial tissue."

Becoming so ubiquitous and well know is actually a problem in trademark law. Everyone starts to associate your mark with all types of those products or services. Other examples of marks that are not generic, but used by many as generic, include "xerox" for "photocopier" and "coke" for "soda" (primarily in the South).

The problem faced by Google is that because so many people use their services, and so many people are aware of their services (and in my opinion, because Google continues to be the best search engine out there), people are starting to use the term "google" in place of "internet search." This may be flattering, but can actually destroy the trademark rights held by Google. If they do not police their mark, and make sure people associate "google" with Google/google.com (and not any other search engine), they could actually lose their trademark. As it is tough to tell people to use a mark properly (one example is through newspaper ads), another proxy for policing is to crack down on similar marks.

So, to finish up the title of this posting.... Don't google it- perform an internet search instead.

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