A trademark is a word, picture, symbol, sound, phrase, slogan or smell which is used with or associated with a good or service to distinguish the good or service in the market place. To be effective, the trademark must be unique enough to distinguish the product or service in the marketplace and to legally prevent others from using it in a way that might confuse customers about the origins of a product or service.

The key feature, therefore, is that the trademark must be distinctive. The more distinctive it is, the more effective it is as a trademark.

As a general rule, ordinary words used to describe the product or service are not protected as a trademark. Descriptive marks are words that clearly describe a feature or attribute of a product or service. One sub-type of a descriptive mark is a generic term which may be used synonymous with the product or service. An example of a geographical trademark is the mark "GROWN IN WASHINGTON". Another sub-type is a geographical mark which describes some region or location associated with the production source.

Ordinary words may become trademarks, however, if they are used over a long period so that consumers become familiar with them. An example of ordinary words that became a trademark is the mark "YELLOW PAGES."

Ordinary words may also become distinctive if they are used in an unusual context -- APPLE for computers -- or combined with several other words in an interesting manner - RED ROBIN RESTAURANTS. A novel combination of words, letters or designs can also create a strong trademark, such as "Toys R Us" or the Texaco Star.

As mentioned above, the most effective trademarks are those considered distinctive. There are three basic distinctive categories - coined, arbitrary and suggestive.

Coined trademarks are those which are made up and have no meaning. Examples include TYLENOL, ARCO and KODAK.

An arbitrary mark is an ordinary word that is used in an unexpected or arbitrary way so that its meaning has nothing to do with the nature of the product or service they identify. APPLE COMPUTERS is an example of an arbitrary mark.

A suggestive mark is an ordinary word that creates a desirable quality or feeling about the product or service but is not descriptive. QUALITY INNS is an example of a suggestive mark.

As a general rule, anyone can use their personal name as a mark for their product or service unless the same name is already used on a directly competing product or service.

In summary, when selecting a trademark, it is advisable to first consider coined words, suggestive words and arbitrary words. It is advisable to avoid generic or highly descriptive words, personal names, geographic words, words that have negative connotations, and words that conflict with other trademarks used in the same or related market areas.

In addition to considering the legal issues involved in selecting a trademark, you should also consider the marketing issues. For example, what is your customer base? What are your customers' demographics, income and education level? What are your customers' buying habits? What aspect of your product or service will appeal to your customers? Can you distill the essence of your product or service into a word or short phrase? What image do you want to associate with your product or service?

If you need help selecting a trademark, visit our selection of a trademark page or please contact us at our E-Mail Address dac@nwpatents.com or by phone at (425) 637-3035.