How to Choose a Strong Trademark

Hundreds of brand applications are sent to the US Patent and Trademark Office (USPTO), and finding that strong brand is becoming increasingly tricky. Many applications get rejected right in the early stages, and some even face cancellation requests after securing their registration by folks who've previously used the same mark. Wondering how to navigate through this? I've got 8 top tips to help you choose your brand wisely:

Avoid Using Internationally Known Trademarks

1- Right off the bat, you'll want to steer clear of national and international brands already out there. Even if they're not dealing in your product or service, they could block your registration.

Check Your Trademark In USPTO Database

2- After deciding on your product or service, check out which international class it falls into on the USPTO's website. Do some digging in that class and also consider related classes. For instance, if you're planning to sell designer tees falling under Class 25, also peek at Class 35 for any online sales services that might use the same mark, which could lead to a rejection.

Check Similar Sounding Words

3- Next up, don't forget to look for marks that sound or are spelled similarly to yours. The USPTO is pretty strict about similarities, and overlooking this could lead to your application being turned down.

Don`t Use Commonly Used Terms In Your Industry

4- Avoid using terms commonly used in your trade area. Steering clear of these can significantly boost your brand's strength.

Check State Trademark Database

5- Doing a bit of homework on state trademark systems can be beneficial. Some marks might not be federally registered but are used at the state level, potentially blocking your sales in those areas, especially if you're thinking about franchising.

Avoid Using City Names and Surnames

6- Using city names might not be the best move for a strong brand choice. The Trademark Office generally doesn't register city names as primary trademarks but might allow them as secondary, considering the product or service is directly related to that city. However, this could limit your rights to stop others from using your brand.

7- Be wary of using surnames, especially common ones, as they can directly prevent you from getting a principal registration.

Check Common Law Trademarks

8- Lastly, keep an eye out for unregistered but internet-active company brands. You'll need to decide whether to proceed with registration after researching them. These brands could challenge your registration or prove they used the mark before you, freezing your process.

To sum up, picking a strong brand requires thorough research and consideration of potential risks. Remember, a strong brand is crucial for your business, so investing time and effort into the trademark registration process can save you from possible financial woes down the line.

If you’d like to register your trademark, contact Merit Law LLP. Our experienced trademark attorneys are here to guide you through every step of the process. Feel free to call us, or email us at info@meritllp.com. We look forward to helping you protect your brand!