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Written by : Jeanelle Klemetson |
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how to select a strong trademark the name that you select to identify your business product or service requires a good deal of thought that name will become your brand that uniquely distinguishes your business from others lawyers also call a brand a trademark or mark there are strategies to develop a valuable mark the strength of a mark depends on two things one on how unique the mark is compared to others and two how well consumers perceive the mark as referring you or your company as the source of goods or services once you have narrowed your list of potential marks you must then first make sure the mark is not used by anyone else in the same field as you this is discussed more in our trademark searching video and second that the mark is on the strong end of the legal strength spectrum this spectrum recognizes five categories of marks from strongest to weakest fanciful or coined arbitrary suggestive descriptive generic a fanciful or coined mark is a completely made up word include kodak for film and verizon for telecommunications services this is the legally strongest and most protective kind of mark but it requires more marketing efforts to teach the public to link the mark to your business an arbitrary mark is a regular english word applied to goods or services with no relation to the normal meaning of the word examples include apple for computers and mobile phones amazon for online sales or shell for gasoline a suggestive mark is also a regular english word that suggests the characteristic or feature of the goods or services but needs some imagination by the consumer to connect the market to the particular product or service examples include airbus for airplanes kitchenaid for kitchen appliances and sweet tarts for candy the above three categories are called inherently distinctive arcs meaning they are strong and distinctive as soon as they are created and used these marks are the easiest to protect descriptive marks describe a quality purpose or function of the product or service and are generally not protectable until used or they have already been used exclusively by the owner of the mark for a substantial amount of time examples would include using the apple mark for apple flavored candy or the term best as in best beer in the world for beer or cold for ice cream while this kind of mark needs less effort to market it is difficult to register and prevent other businesses from using a generic term is not a mark because it only describes a category of goods or services examples include laptop for personal computers escalator for electronic stairways and aspirin for pain relief medication the last two were once trademarks but they lost their trademark status because consumers came to understand that those marks applied to all products like the original products they originally referred to not all marks are registerable when you select a mark consider selecting a strong marker that is coined fanciful arbitrary or suggested if you have any questions about how to get your work registered call or email us today
Thanks for your comment Nelida Thakkar, have a nice day.
- Jeanelle Klemetson, Staff Member
I want to share with you three quick but very important tips for creating a strong brand and Trademark the first is to select a unique name now it doesn't have to be unique in the entire universe of names but it should be unique in your field in your industry the second thing is to select a creative name one that's not too generic or too descriptive so think about some of the great brands and you interact with or see all the time like Amazon or Nike or Tesla these are outstanding brand names because they're creative and they're unique and they create a lasting impression the third tip for creating a strong trademark is to register it with the USPTO a trademark registration carries many benefits including showing up in the public databases allowing you to use the registered trademark symbol and giving you a very strong weapon in dealing with any infringement issues so the cost of registration really pays off because it provides a great value those are three quick tips for strengthening your brand if you'd like to talk more about how we can help work with your brand to protect and strengthen it give me a call you
Thanks pastryktq your participation is very much appreciated
- Jeanelle Klemetson
About the author
I've studied research methods at University of Maine at Machias in Machias and I am an expert in human ecology. I usually feel grateful. My previous job was crossing guard I held this position for 11 years, I love talking about storm chasing and roller derby. Huge fan of Sammy Davis Jr. I practice judo and collect basketball cards.
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