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.

Confused about what a trademark is? Here are the basics!

Many begin the application filing process without fully understanding what a trademark is. A trademark is essentially your brand name. It is what you as a business owner use to identify and separate for your goods or services from your competitors. This is necessary so your potential customers know they are buying from you and not someone else! A trademark can be words, numbers, shapes, slogans, sounds, even a smell. Registration of your mark comes with many benefits. Your trademark can show the origin of your goods, assure customers of the quality associated with your brand, and demonstrate goodwill that you are not merely imitating someone else. In addition, a trademark provides legal protection against someone else using a trademark that may cause confusion, deception, or be mistaken for yours. Your brand and your company are a major investment. A trademark protects that investment and fosters growth.

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