Considerations When Selecting A Brand

Starting a new company or launching a new product or service is an exciting endeavor, but choosing the right brand name is critical to its success. When choosing a brand name, it is important to consider whether the name would be granted trademark protection, and if so, whether the trademark would be considered "strong."

What Is A Trademark?

A trademark is a word, phrase, symbol or design (or a combination of those things) that identifies and distinguishes the source and quality of certain goods or services from those of others.

When Is Trademark Protection Granted?

Trademark protection can be granted to the words in a brand name, as well as how they appear (color, font, etc.), if the brand name (1) distinguishes the goods or services, (2) identifies the source of the goods or services, and (3) is used in commerce for the sale of specific goods or services. Once your trademark is registered, there are some trademark rights available under common law.