In thinking about your company’s brand, you may be wondering “How do I choose a trademark?”

As a reminder (and as we shared in our “What is a Trademark?” blog post HERE), a trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others. Trademarks are important for businesses because they help to build brand recognition and loyalty, and they can also be used to prevent competitors from using confusingly similar marks.

When choosing a trademark, there are a number of factors to consider, including:

• Strength: A strong trademark is one that is distinctive and not easily confused with other marks. Strong trademarks are more likely to be registered with the United States Patent and Trademark Office (USPTO) and to be protected from infringement.
• Availability: It is important to make sure that the trademark you choose is available for registration. You can search the USPTO trademark database to see if the mark is already registered.
• Memorable: It is also important to make sure that the trademark is memorable (or ideally can be made memorable). For example, if the trademark is the name of your brand, you should consider making sure the trademark is available on social media and as a domain name. You should also consider if the trademark can be easily pronounced and spelled by consumers.

Here are some tips for choosing a strong, available, and memorable trademark:

• Choose a distinctive mark: A distinctive mark is one that is not descriptive of (that is, does not describe) the goods or services that you offer. For example, the mark “Apple” is distinctive because it is not descriptive of computers or any other goods or services that the company offers.
• Choose a mark that is not confusingly similar to other marks: It is important to make sure that the trademark you choose is not confusingly similar to other marks that are already registered or in use. You can search the USPTO trademark database for confusingly similar marks.
• Choose a mark that is or can be memorable: Make sure that the trademark you choose is available for use across various platforms and is likely to be remembered by consumers.

Choosing a trademark is an important decision that can have a significant impact on your business and your brand. By following these tips, you can choose a strong, available and memorable trademark that will help you to build your brand and protect your business.

Choosing a strong, available and memorable trademark can be complicated, so it is generally best to consult with an attorney who is experienced in trademark law when doing so. It is also a good idea to consult with an attorney to ensure that you are not using a trademark in a way that will infringe on the trademark rights of others.

Feel free to contact TKA Law Firm at 844-2-TKALAWFIRM (844-285-2529) or team@tkalawfirm.com to discuss how we can assist with the trademark process.

This information is presented for general informational purposes only, is not for the purpose of providing legal advice and is not intended to represent a full or complete list of all possible issues. This information should not be construed as legal advice and does not create an attorney-client relationship. You should seek the advice of an attorney regarding your particular situation.