Choosing a Trademark

Since a trademark is the method through which consumers will remember and choose your product, the selection of the brand you would like to turn into a trademark is one that should be done carefully. Your selection of a trademark is one of the most important decisions that will be made in a brand’s lifetime, and so it should not be a decision made in haste, since it is the first step in building the brand recognition that will drive your product and company.

While many companies try to select a trademark that describes the product or service in some way, shape, or form, the opposite is what should be done. A mark that describes the product is generally a weak one because it is going to fail at distinguishing that product or service from those offered by competitors.

A strong mark is one that is distinctive and sets the product or service apart from others. A mark like this will also eliminate any doubt on the part of the consumer as to the source of the product or service.

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Enrico Schaefer

As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.

Years of experience: 35+ years
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.