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The importance of creating a unique trademark

A unique trademark helps distinguish your products from your competitors. Consumers are much more likely to recognize a unique trademark over a generic descriptor. Understanding the types of words that can and cannot be registered can help save you time and money.

Words to avoid

Words that merely describe your product, such as “sneakers” or “cold beer”, will not receive trademark protection. If these words could receive trademark protection, no one else would be able to use them. This could create all types of confusion for the consumer. While you may certainly use these types of word in your brand, doing so is not going to leave a memorable mark in the minds of your customer base.

You will also want to avoid words that are commonly misspelled, or that are similar to an already trademarked brand.

Putting your creative mind to work

If possible, you should consider using a fictitious word or words to identify your product. This is a surefire way to avoid generic descriptors and possible infringement. Another possible option is using an existing word that is unrelated and would not typically be associated with your product. For example, using the word “apple” in association with a brand of personal computers.

When thinking about a name, you may want to consider more than one option. Deciding on a name only to find out it has already been registered as a trademark can be frustrating. Working with a skilled attorney can help you avoid any potential missteps along the way, as they can help you through this process one step at a time.

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