Large and small businesses alike benefit from strong consumer association with their products or services. To that end, the task of “branding” products and/or services is extremely important to business success, and has received well-deserved attention lately.
The U.S. Trademark Laws define a national scheme for protection of brands, and federal registration according to these laws provides significant legal advantages. A mark (trademark or service mark) is any word, phrase, symbol or design, or combination thereof that identifies the source of a particular product or service and distinguishes it from others in the relevant marketplace. A trade name, on the other hand, identifies the business, although it could also serve as a mark.
The first step in securing a brand name is brainstorming for a list of names, and then conducting a search to find out whether those names are available. A mark is not available for adoption if it would be confusingly similar to another mark being used for the same or related products or services.
The distinctiveness of the choices should be considered. The more descriptive a mark is, the less protection it affords, and it is more difficult to stop others from using it. Conversely, the more arbitrary or fanciful a mark is, the stronger it is.
When you have settled on a list of possible brand names, a preliminary screening search should be conducted, for example, on the web site of the U.S. Patent & Trademark Office (see www.uspto.gov/main/trademarks and select the “search” link near the top of the right hand column).
If no potential conflicts appear — trade mark infringement, for example — then a comprehensive search should be conducted, not only of the federal register, but also of state registers, trade journals, the internet, and other relevant sources, prior to any significant expenditures to develop the brand.
Once you have cleared the mark, you can apply to register the mark, and the USPTO Web site permits online filing of trademark applications with credit card payments. You should hear back from the USPTO within 4-6 months after filing the application. However, even when the USPTO allows your application, a registration cannot be obtained until the mark is put into actual use.
A good source for additional information is the Web site of The International Trademark Association which includes brochures explaining proper trademark usage, and PowerPoint presentations explaining trademark basics.
