Selecting a good trademark name is a crucial element that involves considering several factors to ensure that the name is unique, distinctive, and capable of identifying the source of the goods or services associated with it. What you don’t want is something generic or descriptive. For instance, you sell bananas and you’re thinking of trademarking The Banana Business. Hmmm, it’s a bit too generic. If you haven’t got a business name yet, or are thinking of setting up a new business and want to trademark down the line, here are some steps you need to consider:
Choose a distinctive name: A good trademark name should be distinctive and not too generic or descriptive. A distinctive name is easier to protect and can help you stand out in a crowded market.
Conduct a trademark search: Conduct a comprehensive trademark search to ensure that the name is not already in use by another business, in the same industry. This search should include the IPO / USPTO / EUIPO / WIPO trademark databases (depending on where you want to trademark), domain names, social media handles, etc.
Consider the strength of the trademark: The strength of a trademark is determined by its level of distinctiveness. The strongest trademarks and the ones that get past the examiner are fanciful or arbitrary. This means that they have no relation to the goods or services being sold. The weakest marks are generic or descriptive, meaning they describe the goods or services.
Don’t use geographic or personal names: You can trademark a name, it has been done. However try to avoid using geographic or personal names as they are often too generic and not distinctive enough to function as a trademark.
Consider the potential for expansion: When selecting a trademark name, consider the potential for expansion into other goods or services. A good trademark name should be flexible enough to adapt to different product lines or services. If you’re selling books now but are thinking about selling t-shirts down the line, make sure to consider the relevant trademark classes for all products you intend to sell.
Get legal advice: Talk to a trademark lawyer to ensure that the name you have selected is legally available and can be registered.
The team here at Jamieson Law have helped hundreds and hundreds of business owners get their business name trademarked. We also offer free legal advice calls, where you can ask your burning trademark questions. Take advantage today!
