Last updated: August 28th, 2024 1:06 PM

How to Select a trademark?

Selecting a trademark to protect your brand's identity is a crucial step. It protects your brand/trademark from being imitated and possibly causing a customer loss followed by an economic fall. When your trademark is distinctive and unique, trademark registration becomes easier. It is essential to register your trademark so you can take legal action against the accused if your trademark is duped. You can avoid significant alterations after you conduct a trademark search by picking a unique trademark. The present article prescribes how to select a trademark in detail.

Trademark Search

A trademark search must be conducted before filing a trademark application to identify potential with existing trademark applications and even registered trademarks. A trademark search can be performed by entering the word mark and the class in which the investigation is conducted. If a similar trademark exists, the newly applied Trademark should be changed, or a new name can be chosen. If the brand name is unique, it is possible to register it. To learn how to conduct a trademark search - Click here.

How to select a unique trademark

Given below are the possible ideas to derive from to help you pick a trademark brand name.

• Plant or animal names - When used correctly, animal and plant names are memorable and can convey a positive image while remaining distinct.
• Invented names - Names that do not necessarily exist in any language (e.g., KODAK) or an abbreviation of 2 or multiple words (‘Micro computer’ ‘software’ “Microsoft).
• Distinctive - Ensure that the first word of your trademark is quite distinctive/unique and add a second word that describes your goods/service; this helps your brand to have a unique name and provides a good marketing word associated with the trademark.

After creating your trademark, you can conduct a trademark search to ensure that there are no similar trademarks.

What to avoid when selecting a trademark

• Surnames - Many people can have a common surname which could lead to further disputes or opposition.
• Similar trademarks - Trademarks that look or sound similar to one already registered can create confusion among both parties’ customers.
• Descriptive words - Words that overly describe your product can hinder people looking to use those words for their business. E.g., Using the name “Leather bags” is too descriptive for a business that sells handbags, also causing a hindrance for another business from using the words ‘leather’ and ‘handbags’ for dealing with handbags.
• Generic words - The goal of having a trademark is to have a unique brand name for your business; therefore, avoid generic words so that your brand does not blend in with the crowd.
• Three-letter acronyms (TLA) and numbers are generally avoided as both do not make the brand name stand out or are memorable. Another aspect of TLAs’ is that there are a very limited amount of acronyms that are not already registered.

Following the tips above, you can avoid significant changes after the trademark search. What to keep in mind to have a unique trademark

Prohibited Marks

Prohibited marks are a list of marks the government does not allow to be registered by an individual as their trademarks.

• Trademarks that are likely to offend religious sensibilities in any community.
• Trademarks containing any scandalous or obscene matter.
• Trademarks, such as the Red Cross, the National Emblem, and the Republic, are prohibited under the Emblems and Names (Prevention of Improper Use) Act of 1950.
• Trademarks for the shape of goods that are purely functional or necessary to achieve a technical result or add significant value to the goods.
• Marks that are prohibited by the International non-proprietary names convention.

You can conduct a trademark search to ensure that your trademarks do not fall into these categories.