Selecting a Trademark
Selecting a Mark
Once you determine that the type of protection you need is, in fact, trademark protection, then selecting a mark is the very first step in the overall application/registration process. This must be done with thought and care, because not every mark is registrable with the USPTO. Nor is every mark legally protectable, that is, some marks may not be capable of serving as the basis for a legal claim by the owner seeking to stop others from using a similar mark on related goods or services. Businesses and individuals new to trademarks and the application/registration process often choose a mark for their product or service that may be difficult or even impossible to register and/or protect for various reasons. Before filing a trademark/service mark application, you should consider:
- Whether the mark you want to register is registrable, and
- How difficult it will be to protect your mark based on the strength of the mark selected.
Note in this regard that the USPTO only registers marks. You, as the mark owner, are solely responsible for enforcement.