Trademarks For Businesses – Part 2: Selecting A Trademark

A striking and unique trademark can be an important tool for a business because it helps consumers easily identify its goods and services. However, not all words, designs, or signs are created equal. In this edition of our Trademarks for Businesses series, we will discuss top-of-mind considerations when selecting a trademark and ensuring it is available for use and registration.

Selecting a trademark

When selecting a new trademark, it is important to consider the “strength” of the mark at face value. Unique trademarks are generally considered to be “strong” trademarks, because they are “distinctive”, such that they will distinguish the goods and services of a business upon adoption, while trademarks that are commonly used in a particular field and/or describe a characteristic or quality of the associated goods or services are generally considered “weak” trademarks, because they are not distinctive.