Things You'll Need:
- A lawful business, product and/or service
- Marketing strategy
- Intellectual property attorney
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Step 1
Avoid generic or descriptive marks. Officers of the USPTO responsible for registering trademarks have guidelines for accepting marks for registration and will register only those marks which are inherently distinctive. Generally, generic and descriptive marks such as green apples for a store that sells green apples, are on the low end of the “distinctiveness” scale and are not registerable. Although these may be the most informative marks from a consumer’s standpoint, they are the least likely to be protected.
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Step 2
Choose an arbitrary or fanciful mark. Suggestive, arbitrary and fanciful marks, such as Xerox for a printing company and Green Apples for a shoe brand, rank highest on the distinctiveness scale and are most likely to be registered. The practical problem is that these marks often do not adequately describe the company, product or service for a new consumer. It is up to you to balance these considerations when choosing your trademark.
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Step 3
Avoid a mark that may confuse consumers. The basis of a typical trademark infringement suit is consumer confusion. Be sure to conduct market research and familiarize yourself with the marks of your competitors before choosing a trademark so you can avoid choosing a mark that is confusingly similar to your competitors.
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Step 4
Search for similar marks on the USPTO website. The USPTO’s Trademark Electronic Search System is a free database that lists all registered trademarks and provides other information such as whether the mark has been abandoned by the owner. Conduct additional searches, such as Google and business records searches to be sure that the mark is similar to or is already being used by someone who has not registered the mark with the USPTO.
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Step 5
Avoid offensive or derogatory marks and slogans. This is a sure way to have your registration application denied. Take care to remove any racial or sexually explicit reference in your mark. Likewise, be sure that your mark does not disparage or otherwise dilute the value of another’s mark.
