Choosing a strong trademark, one that is legally enforceable,
could be one of the most important considerations for business
startups. The selected trademark should convey what the
entrepreneurs want to say about their products and should meet the
goals of the business in creating a brand that is both attractive
and effective for the market. Entrepreneurs can consult a trademark
lawyer who will assist the business with the legal aspects of the
trademark while considering the business aspects of the trademark.
When advising businesses on selecting a legally enforceable
trademark, a trademark attorney may categorize the trademark based
upon its likely enforceability.
Generally, there are four categories of trademarks: (1)
generic; (2) descriptive; (3) suggestive; and (4) fanciful or
arbitrary. In evaluating each type, entrepreneurs should keep in
mind what their overall marketing strategies are.
