Tips for Protecting your Trademark: Select Wisely & Register It

Terms that are too generic, such as “tennis shoes,” are not protectable by a trademark. If you select a name that is descriptive, such as “speedy tennis shoes,” may be able to be trademarked, but you will have a difficult time defending it in court if a competitor uses a similar name.

You will get stronger protection with a name that is suggestive or that creatively conveys the unique nature of your business. For example, “Blu-ray” is a suggestive trademark for a laser disk player that uses blue-violet light.

Your mark will have the strongest amount of trademark protection if it is “fanciful” or “arbitrary.” Examples of arbitrary or fanciful trademarks include Apple for the name of a computer company or a made-up word such as Nike for tennis shoes. These names used in association with their products are inherently distinctive, which makes it hard for a competitor to copy without it being an obvious infringement of the trademark.

Choosing a strong trademark begins by selecting a mark that nobody else is already using. One of our trademark lawyers can assist you with searching the registered trademarks with the U.S. Patent and Trademark Office. A comprehensive search includes searching for look-alike names, sound-alike names and common law marks.

When it comes to trademarks, being on the offensive is key. You want to take action to protect your mark so you are on solid ground if a dispute arises. Be sure to read our next blog which discusses how to ensure you protect your trademark once you have it properly registered.

If you need assistance in selecting or registering your company’s trademark, contact us to schedule your initial consultation. You can’t afford not to protect your trademarks.  Call us , we can help.

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