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How do I choose a good trademark?

A good trademark is one that is distinctive and capable of identifying the source of the products or services it represents. You should aim to choose a trademark that is arbitrary, fanciful, or suggestive, rather than one that is descriptive or generic.

An arbitrary trademark is a word that has no relationship to the products or services it represents, while a fanciful trademark is a made-up word that has no meaning other than as a trademark. These types of trademarks are generally considered to be the most distinctive. A great example of an arbitrary trademark is "Apple" for computers. A famous fanciful trademark is "Xerox" for photocopy machines.


A suggestive trademark is one that suggests, but does not directly describe, the products or services it represents. This type of trademark can be distinctive, but it may be weaker than an arbitrary or fanciful trademark. An example of a great suggestive trademark is "Coppertone" for suntan lotion. It is suggestive of what the product can help you achieve.


A descriptive trademark is one that directly describes the products or services it represents. This type of trademark is generally not considered to be distinctive and may be difficult to register. A descriptive trademark


A geographically descriptive trademark is one that describes the geographical origin of the products or services it represents. This type of trademark is also generally not considered to be distinctive and may be difficult to register.


It's worth noting that a trademark can also be rejected if it is confusingly similar to an existing trademark, if it is disparaging, scandalous, or immoral, or if it is deceptive. Therefore, it is important to choose a unique and distinctive trademark that meets the requirements for registration with the appropriate trademark office.


If your trademark is descriptive, you may still be able to get it registered. A trademark that is not inherently distinctiveness can sometimes still get registered if it has "acquired distinctiveness" through long-term use in commerce. This means that the trademark has become so closely associated with the applicant's products or services that it is capable of identifying the source of those products or services.


It's worth noting that a trademark can also be rejected if it is confusingly similar to an existing trademark, if it is descriptive or primarily geographically descriptive, or if it is disparaging, scandalous, or immoral. Therefore, it is important to choose a unique and distinctive trademark that meets the requirements for registration with the USPTO.

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