The first step to trademark protection: Naming it right

Selecting a good trademark is a critical step in starting up a new business or launching a new product. Trademarks identify products or services originating from a unique source. Most businesses gravitate toward names that are catchy, easy to remember and descriptive of a product or service. However, it is important to remember that descriptive terms cannot be protected from use by others.

The strength of a trademark depends on how clearly it may be identified with a particular source of goods and/or services. From strongest to weakest, marks are classified as distinctive (often referred to as fanciful or arbitrary), suggestive, merely descriptive or generic.

When selecting a name for a product or business, it is wise to involve a trademark lawyer early in the process to make sure that an appropriate trademark is selected. A trademark lawyer can provide legal advice to help maximize your trademark protection.