Whether you’re launching a new business, product, or service — or looking to strengthen the protection of an existing one — choosing the right trademark is one of the most important decisions you’ll make. A trademark is more than just a name or logo; it’s the face of your brand, a legal asset, and a powerful tool to set you apart from the competition. So, how do you pick a strong trademark that not only captures your brand’s identity but also stands up to legal scrutiny?
Let’s break it down.
Understand What a Trademark Is
A trademark is any word, name, slogan, design, or combination of these that identifies and distinguishes the source of goods or services. Think John Deere (word mark), the leaping deer (logo), or “Nothing Runs Like a Deere” (slogan). However, not all marks are created equal in the eyes of the law. Some are easier to protect and enforce than others.
Know the Strength Spectrum
Trademarks fall on a legal spectrum of distinctiveness. The stronger and more distinctive your mark is, the easier it is to register and defend. Here’s the breakdown:
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Fanciful/Coined (Strongest): Completely made-up words with no prior meaning.
Examples: Exxon, Oreo, Purina
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Arbitrary: Real words that have no connection to the goods/services.
Examples: Apple (for computers), Caterpillar (for heavy machinery)
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Suggestive: Hints at a quality or feature without directly describing it.
Examples: Netflix, Coppertone, Snuggle
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Descriptive (Weak): Directly describes a feature or quality of the product.
Examples: Cold and Creamy for ice cream
These are hard to protect unless they’ve acquired “secondary meaning.”
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Generic (No Protection): Common terms for the product or service itself.
Examples: “Milk” for milk, “Computer” for computers
Aim for fanciful, arbitrary, or suggestive marks. These are easier to register and enforce.
Avoid Legal Pitfalls
When choosing a trademark, avoid:
- Names too similar to existing trademarks (this can lead to legal battles)
- Descriptive or generic terms
- Geographically descriptive names (like “Vermont Maple Syrup”)
- Personal names, unless they’ve become distinctive over time
Conducting a comprehensive trademark search is key. To start, you can use the United State’s Patent and Trademark Office’s Trademark Search. However, we suggest working with a trademark attorney for a deeper search that checks for conflicts in federal, state, and common law databases.
Think Long-Term and Broad
Your business might grow or evolve — your trademark should be able to grow with you. For example, naming your brand “Burlington Cupcakes” may limit you if you later expand into cookies or open locations outside Burlington. Choose a name that’s flexible and broad enough to adapt to future plans.
Secure It Early
Once you’ve chosen a strong, distinctive name:
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Register your trademark with the USPTO to get federal protection.
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Secure the domain name and relevant social media handles.
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Use the ® symbol once your mark is registered. (Until then, you can use ™ for goods or ℠ for services)
Final Thoughts
A strong trademark is your brand’s first line of defense. It helps you stand out, builds customer trust, and protects the time and money you invest in your business. If you’re unsure whether your name is strong enough — or if it’s even available — don’t guess. Reach out to a trademark attorney who can help you vet your ideas, search for conflicts, and guide you through the registration process. Want help choosing or protecting your trademark? Call Rincker Law today at (217) 774-1373 for experienced assistance in registering your trademark!