5 Tips For Selecting The Best Trademark For Your Business & Mistakes to Avoid

Every business is working hard to build a strong business identity and it takes so much more than having the best products in the market. Your business name and how you are recognized in the market is important and will determine if customers buy your products or not. The question ‘What is in a name?’ is best answered by presenting the benefits of using the right name and protecting it.

The best way to protect your business name and to build a stronger brand identity is by trademarking. Coca-Cola, Google, Amazon, etc. have very solid and recognizable names. To be among the best in your industry, follow the tips below and avoid the highlighted mistakes:

Work With an Attorney

Well, Google has answers to almost everything and you can even visit your local library on trademarks, but an attorney has all the experience needed to register and use a trademark. The early stages of application are important and mistakes can cost you the trademark.

If you are wondering where to get the best attorney from, fret not, check out the US Patent and Trademark website today. The list of the best and the most experienced lawyers is available there.

Choose a Strong Trademark

To grow your business, you should use a strong trademark. A strong trademark can be fanciful, suggestive or an arbitrary mark. Avoid descriptive or generic names. The latter is weak and unprotected while the former is not strong either.

Undertake a Trademark Search

To avoid infringement litigation, you should carry out a name search before giving your name out for registration. However strong a trademark is perceived, your attorney will suggest that you run a trademark search. You can also have them check the name out. Seemingly similar names to already copyrighted names will be rejected.

To avoid legal deliberation and having your registered name thwarted later, have an experienced lawyer undertake the search.

Domain Availability of the Name

Your business has to present online. To make this happen, ensure that the .com extension is available for your trademark. You should also avoid using hyphens in the domain name, as it will misdirect traffic. You should also use the right spellings and register your trademark’s .net and .org extensions.

Register the Trademark

This is another reason why you need to hire a patent and trademark attorney. Their experiences make them the best persons to guide you through the registration process and also to monitor the same. Quick and proper registration protects your investments. Think long term and build a trademark that will last through the years. Try a 10-year renewal process.

In conclusion, your trademark is your brand and the director’s name won’t matter if the trademark is bogus. Products won’t sell. Use unique and unregistered trademarks to avoid future litigation. There are various pitfalls in the process and you shouldn’t make this a DIY project unless you are a lawyer.


David Wicks is a patent and trademark attorney and a partner in a leading business law firm in San Diego. Read his blog on infringement litigation, patents, and trademarks.