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(1) Trademark Selection

 

Trademark Selection (1)

Trademark Search (2)

Trademark Registration (3)

Other Notes (4)

 

Developing A Mark Which Suits Your Unique Business Needs

Selecting a trademark to represent your product (or service) is one of the most important steps you will take in creating a successful business. The trademark should clearly distinguish your company and/or product from its competition; and yet it should also imply or suggest desirable qualities or characteristics of your product.

The following is a list and description of the four primary trademark classifications starting with the strongest and ending with the weakest:

Fanciful - A fanciful mark is a truly unique word such as EXXON™. These marks tend to better set your product or service apart from the competition. Naturally these marks get the strongest protection against trademark infringement. A disadvantage to this type of mark, however, is that it is not indicative of your product or service.

Arbitrary - An arbitrary mark is an existing word that has little or no connection to your product or service. Examples include INFINITI™ automobiles and APPLE™ computers. These marks also provide substantial protection against infringement but will not provide any information as to what you are selling.

Suggestive - A suggestive mark is a little more indicative of the product or service but does not directly describe the product or service. More precisely it indicates some characteristic of the product or service. HUGGIES™ brand diapers for example is a suggestive mark. These marks are favorable because they offer substantial protection against infringement while describing some desirable aspect or quality of your product.

Descriptive - Selecting a mark to represent your product or service requires a balancing act between competing business concerns. On one hand, it is advantageous to select a mark that is somewhat "descriptive" of the product itself, - this type of mark immediately informs the consumer what he or she is considering buying and what they can expect from the product. However such marks typically receive little or no legal protection.  We generally advise against selecting marks that are purely "descriptive" in nature.

Most of the marks that people would like to register are somewhere in-between. They consist of combinations of descriptive words and words that are unique to the producer (i.e. "PRINGLES™ Potato Chips"). They may also be "suggestive" of the product (i.e., "GREASY™ Potato Chips"). The more unique the mark, the greater the protection.

Consider the most successful trademarks: YAHOO™, EBAY™, IBM™, MICROSOFT™, and others.

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