Tips for Selecting the Perfect Trademark for Your Business

A trademark is the most important decision a business can make. They are what make your brand stand out and distinguish you from your competitors. Selecting the right trademark is important, and if you select the wrong one, you could find yourself in a mess of legal disputes. So, before you finalize anything, consider these tips for selecting the right trademark – and speak with a trademark lawyer for additional advice about your trademark selection.

Do Not Use a Trademark You Cannot Register

Registering your trademark is what protect competitors and others from using it. But if the trademark you select cannot be registered, there is no point in using it.

Do Not Use a Description as Your Trademark

Do not use words that describe your services or your products as your trademark. For example, you’re opening up a candy store. Do not use the trademark “Milk Chocolate”, because if you register that, no one could ever use the terms “milk” and “chocolate” to describe their own candy product.

Do Not Use Your Surname

A surname usually is prohibited from being registered as a trademark. Even if it is allowed, never use a surname, especially because there are likely to be other people out there with the same surname.

Stay Away From Anything Too Similar to Others

See what trademarks are already registered. Your trademark cannot be anything close to or something that resembles an already registered trademark. If your trademark can be easily confused with another, your application is most likely going to be denied or the other company may attempt to take legal action against you for using their trademark.

Be Unique and Descriptive

Do not pick something that is generic and doesn’t coincide with what your company does. Your trademark is designed to help you stand out – not blend in with the competition.

Stay Away from Acronyms

While there are plenty of companies out there that have been successful with acronyms, like IBM, they spent millions making those acronyms successful. Historically, acronyms have been unsuccessful for most companies and they are more commonly confused with other companies out there.

Consult with a Trademark Lawyer

After you have picked a list or selected your official trademark, consult with a trademark lawyer. A lawyer can help you research registered trademarks, assess whether or not you are too close to others, and help you go through the process of registering the trademark.

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