Do not use of common adjectives and adverbs in trademarks when choosing a trademark.

Written by Northwest Patents on . Posted in Uncategorized

When choosing a trademark, a common approach is to think of common adjectives, (such as easy or quick) or adverbs (such as easily or quickly) that can be combined with a descriptive term of the product or service (‘e.g. Easy Spray Cleaning Solution’ used with a spray on cleaning solution that removes dirt and grime from a surface).  Unfortunately when this approach is used, the proposed trademark often directly infringes  other registered trademarks or is quickly rejected by the USPTO as being too descriptive or likely to cause conflusion in the marketplace.   To avoid these issues, we recommend the following general aproach when selecting a trademark:

First, identify the generic term or phrase that describes the product or service to the customer.  (i.e. ‘spray cleaning solution’).  These words will probably be used in your advertising and marketing materials, but should not be part of the trademark.   

Second, identify novel features or qualitities of your product or service, identify the most important characteristics of your potential customers, and identify aspects of the problem your product or service addresses.  Assign words to these features and qualities, characteritics and aspects.   

Third, identify your brand (i.e. what is the emotional feeling you want to generate in the customer when your trademark is presented to the customer?)

Fourth,  try different combinations of these words that produce a positive, strong connotation or association consistant with your brand. 

 

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