Enriching Life Through Innovative Ideas SM

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.

FindLaw Network

What Our Clients Say

Starting a new business can be a bit scary. Aside from worries of failure, there’s also the hassle of making sure all legal paperwork are properly filed. I reached out to Mr. Wang (Tommy) because of his excellent reviews and reputation and I am so glad I did. He was thorough and meticulous in answering all of my concerns and took time to find out special laws and policies regarding the kind of business I am starting. I could focus on the daily practical side of starting my new office without worry because I felt Tommy was reliable and took my case seriously. My business is opened and it’s all been a smooth start because of Tommy’s help. I have plans to start another business venture in the next few years and I already know I’ll be coming back to Wang IP Law.

The Shindig W.

I came to Tommy for help reviewing a licensing agreement I had secured with a well-known manufacturer. Tommy made sure I understood all the details in the contract and he negotiated with the company to improve my side of the deal. I mentioned to Tommy at my first consultation that we were looking to expand throughout the US and were investing a lot of money to make a big entrance into the market. I did not think I would have my store open so soon but Tommy also has connections with the local area and realtors to help me secure the location for my first store in the Los Angeles area. Tommy works a lot with the local businesses and he understands how to transition from the Asian market to US market. Within 8 months my store was open for business and fully operating. I must recommend Tommy to any business owners looking for help with contracts and improving their side of the deal. Tommy has the knowledge and experience to make sure there is a smooth process to open for business here, and make sure that your company is set up for success.

LI H.

I think Tommy and his team by far considered the best people to work with in my 16 business years. Beside quick responses to all my inquiries, they also done things right and providing very professional solutions. I’m highly recommending Tommy and his firm to all business owners.

Calvin C.

I have been working on my Utility Patent for almost 4 years. I have hired and fired two very reputable IP firms because with all their expertise and reputation for being some of the top firms in IP Law, I felt a lack of connection and care in my product, time and financial investment. Then I found Tommy and his team. Tommy does not waste time. He and his team are professional and extremely thorough. After 4 years, I finally found a legal team that I felt spent the time to really understand the components of my utility patent. Tommy also very mindful of cost and how and where my money would be better spent. I really feel I am in great hands with Tommy and his team. They have been patient with my revisions. And most importantly, they made me feel that they fully understood the importance this patent is to me. It has been a great and comforting pleasure working with Tommy.

G.L.

Read All