A trademark search is a process of researching and analyzing existing trademarks to determine if a proposed trademark is available for use and registration. The search typically involves looking for similar or identical trademarks that are already registered or pending registration in the same or similar industry, ensuring the proposed trademark is registrable and protectable, determining […]

An arbitrary trademark is a type of trademark in which the word or phrase being registered has no relationship to the goods or services being offered. For example, “Apple” as a trademark for computers has no relationship to the actual fruit apple. This is in contrast to a suggestive trademark or descriptive trademark, which suggest or […]

Generally, a trademark that incorporates a geographic designation is registrable where the trademark has attained a secondary meaning (or acquired distinctiveness), or where they lack geographic significance or meaning in association with the goods or services. But, if the trademark that incorporates a geographic designation is used primarily to describe the location where the product is […]

Yes, you can trademark a foreign word with the United States & Patent Trademark Office (USPTO) as long as it is used in a manner that identifies and distinguishes the source of the goods or services you are offering. However, you must provide a translation of the foreign word when you file your trademark application. Keep […]

A suggestive trademark is a type of trademark that suggests, but does not describe, the characteristics or qualities of the goods or services for which it is used. Suggestive trademarks are considered to be more distinctive and therefore more likely to be registered with the USPTO and protected by Trademark Law than descriptive trademarks, which directly […]

A trademark acquires secondary meaning when the consuming public primarily associates the trademark with the source of the goods or services rather than the goods or services themselves. This typically occurs through extensive and exclusive use of the trademark in the marketplace over a significant period of time. Additionally, advertising and promotional efforts can also contribute […]

A generic trademark is a term that is commonly used to refer to the goods or services that it represents, rather than acting as a source identifier. For example, “aspirin” is a generic term for a type of pain reliever and cannot be trademarked. Generic terms cannot be trademarked because they are considered to be part […]

Along with arbitrary trademarks, fanciful trademarks are generally the easiest to register with the USPTO (United States & Trademark Office).  Fanciful trademarks are also afforded the broadest scope of trademark protection. A fanciful trademark is a made-up word or phrase that has been coined specifically as a trademark. Fanciful trademarks are typically the strongest type of […]

Descriptive trademarks mostly show up in trademarks as an adjective or adverb that will describe the functions, characteristics, size, uses, or other elements of a product and/or service. Descriptive trademarks do not satisfy the main function of trademarks, which is to identify the source of the product. Using “Toboggan” for the red sled you intend to […]

The United States Patent & Trademark Office (USPTO) uses what is called the Nice Classification of Goods and Services. The Nice Classification is the standard used by the majority of countries around the world that register trademarks. Basically, the USPTO divides trademarks into 45 different categories. 34 of these categories identify products and 11 categories identify […]