Selecting a trademark

Not all trademarks are created equal. Some are better than others and easy to register and protect. Before filing your application there are things you should consider. The viability of a mark can be classified into four categories: generic, descriptive, suggestive, and arbitrary/fanciful. The last category, arbitrary/fanciful, is the most powerful and easiest to register. These are trademarks that have an ordinary meaning completely unrelated to the goods they are on or were entirely made-up specifically to identify your goods, services, or brand. Suggestive marks also offer a high level of protection. They are trademarks which may suggest an aspect of the goods, but still require thought and imagination to make the connection. Descriptive trademarks are marks that convey information about the product. They are harder to register and protect as they require a secondary meaning. A secondary meaning is generally obtained through marketing over time to demonstrate the trademark has acquired distinctiveness. The last category, generic, are common names for goods which cannot function as trademarks.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.