A trademark identifies the source of a good or service. The classic example of a trademark is Coca Cola. You can trademark your name or a logo.
Finding a suitable trademark that you like can be difficult. Often times the trademark that you like is used by someone else, and investing money in that trademark may be a terrible business decision. Using someone else’s trademark can result in lawsuits against you and substantial financial loss.
In the U.S. you can obtain rights in a trademark by using the mark and/or registering the mark. Even though you may not be under an obligation to register a trademark that you are using, it is highly recommended that you do so. Trademark registration gives you certain rights that are not available by simply using the mark.
There are several considerations in choosing a trademark.
First and most important consideration is the type of mark to pursue. The more fanciful the mark, generally the easier it is to obtain a trademark. By fanciful it is meant that the trademark does not at all relate to the goods and services to which it is being used. For example, “Apple” may be arbitrary and fanciful for computers but merely descriptive and/or generic for fruits.
Second, you need to pick the goods and services that the trademark is used for. In the U.S., you can only get a trademark for goods and services that you actually use.
At Moradian Law we can help you with your trademark matters.