What Makes a Good Trademark?

You have a plan, and you are ready to get your business off the ground. Now it is time to come up with a trademark. Before you pick one and run with it, it is critical that you consider the distinctiveness of your brand name to ensure that it can be registered and protected. 

It is important to first understand what exactly a trademark is. The United States Patent & Trademark Office (USPTO) defines a trademark as “any word, phrase, symbol, design, or a combination of these things that identifies your goods and services. It’s how customers recognize you in the marketplace and distinguish you from your competitors.” 

Made-Up or Invented Words

Made-up or invented words are great for trademarking purposes as it is highly unlikely that a competitor would also be using the same words or combination of words. Because of this, it is much easier for an Amazon IP lawyer to register a trademark for such a term or terms as it will have no other meaning apart from your brand. 

Avoid Names Easily Confused With Another Trademark

A trademark is used to identify a good or service. If it is easily confused with another trademark, its purpose is diminished. This is why you cannot register a trademark that is easily confused with a trademark that has already been registered. Instead, look for a trademark that is unique and does not immediately bring another product or service to mind. An Amazon IP lawyer at ESQgo can advise you on what other trademarks already exist. 

Unrelated Words

Consider choosing a word that is not related to your good or service. While this may initially seem far-fetched it is actually possible to strengthen your brand by choosing a completely unrelated word as your trademark. Prior to 1976, no one ever associated the term APPLE with anything other than the fruit. Now, it is instantly associated with computers. 

Avoid Acronyms

Acronyms and numbers are generally not good for trademarking purposes, as they can be difficult to recall. They just don’t tend to stick in your mind. While there are some companies that are acronyms and have been widely successful, their owners typically invested significant revenue to promote their trademark and make it well known. 

Beware of Personal Names

Although technically allowed, using personal names is something we advise against, whether it is your first name or last name. Typically, these names cannot be registered as trademarks, and even if you are able to have it registered, issues can still arise when trying to enforce them. 

Avoid Descriptive and Generic Words

The goal is to find a trademark that is distinctive and unique. Descriptive and generic words and phrases, even when catchy, are of no use to you if you are not able to trademark them. 

Consult with an Amazon IP Lawyer at ESQgo

You need your trademark to embody the spirit of your business while also being legally compliant. At ESQgo, we invite you to meet with an Amazon IP lawyer that can exceed your expectations. You may schedule a consultation via our contact page.