🖈11 Kiryat Hamada Street, Jerusalem, Israel
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Dear Faith,
I assume that it’s ok for me to address you by your first name. Even if you go by a different name, ‘Faith’ is what drives you and this is how you appear to the world. I say this based on decades of experience, during which I have met many entrepreneurs who are all connected via a common thread, namely, having had a moment of inspiration, the germination of an idea, a technology, or a business . Almost always in embryonic form, often no more than a twinkle in your eye, you can envision what the mature ‘adult’ venture will look like. It may not turn out exactly as you envision, but at this initial moment of conception, that’s not as important as the faith and belief that you have in your vision.
First, I would like to offer you a word of caution. You will probably encounter naysayers along the way. However, this should not dissuade you; to the contrary, you should be encouraged by the magnitude of the journey on which you are about to embark!
Second, I would like to offer some advice based on my experience not just as a Patent Attorney, but also as someone who has seen and accompanied startups over the years. My advice essentially consists of a single word:
Breathe.
Now I know that such advice may not sound like much, but if you’ve ever tried it, it’s a marvelous way of getting oxygen to the brain; and that, in turn, enables us to think clearly.
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As an entrepreneur, have you ever considered that your brand or product name could become so famous and successful, and its market dominance so pervasive, that it becomes a victim of its own success?
In this first part of a three-part series on “Genericide,“ I will explain what it is and how it is determined. In the second article I do a deep dive into the trademark spectrum to determine distinctiveness and trademark strength, give some familiar examples of “Genericide” and discuss the legal standard which courts use to determine if it exists with respect to a specific trademark. In the third article in this series, I will suggest a number of key avoidance strategies and preventative measures to be adopted to avoid “Genericide” sounding the death-knell to your well-known brand and even putting your entire business at risk.
Genericide occurs when extremely popular marks that started out as valid fanciful, arbitrary, suggestive, or descriptive marks become generic over time because consumers start associating these marks with the products and services themselves instead of the specific source of the products and services. It can occur though inadequate enforcement, and sometimes by misuse by an owner, normally a small company, that becomes so enraptured by its trademarks` marketing appeal that it mistakenly believes that the more they are used to mean the goods to which they are attached the better it is for the marketability and success of its products. Subsequently, these owners wake up to the stark reality that they can no longer claim that their mark is anything more than a generic description of all associated goods or services…
Your brand and trademark rights are central and vitally important to the success of your business. Discuss the risk of Genericide of your trademark portfolio with your trademark attorney and ensure your trademarks are adequately protected and safeguarded to protect them from loss of trademark rights.
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Avraham Hermon is a Senior Partner at JMB Davis Ben-David, a US Patent Agent and an Israel Patent Attorney. He has a BA in Chemistry and a Master’s in Law.
Prior to joining the firm Avraham worked in a number of Israeli pharmaceutical companies including Teva Pharmaceutical Industries where he led a team of patent attorneys in providing opinion on potential new developments and prosecuting patent portfolios related to Teva’s products.
Barak Hullman, the marketing director at JMB David Ben-David sat down with Avraham in his office to discuss what he’s learned from interviewing over 20 Israeli startup founders, how patents help startups and when to pursue a patent, when to bootstrap and when to seek funding, why Israeli startups are so successful and much more.
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The JMB Davis Ben-David trademark services team works with leading international brands seeking to merchandize their products in the US, Israel and the rest of the world.
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For 25 years, the JMB Davis Ben-David team has successfully assisted clients in registering design patents that protect their original designs for products ranging from medical devices to diamonds.
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The JMB Davis
Ben-David
YouTube Channel
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You'll find our hour long webinars on Patents and using the Patent system to your advantage.
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We're here to help you with your patents, designs and trademarks.
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We started JMB Davis Ben-David with one goal in mind: to help our clients navigate the challenges of securing rights to their IP. This includes patents, designs and trademarks. Since 1995 we have been working with partners around the world so as to secure our clients’ IP rights. We’re here for you.
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Managing Partner
JMB Davis Ben-David
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