Selecting a Trademark
- This best trademark to choose is one that is "inherently distinct" and will not be confused with another existing trademark for a similar product or service line.
- Strong Trademarks describes types of trademarks from strongest to weakest, i.e., those having the best chance of being registered by the USPTO to those that will be automatically refused.
- Fanciful are invented words such as Kleenex, Kodak or Xerox
- Arbitrary are existing vocabulary used in an arbitrary way such as Apple (computers) or Diesel (fashion label)
- Suggestive connote a characteristic of the product such as Coppertone for suntan lotion
- Descriptive merely describe how a product is, example, "creamy whip" for a whipped topping
- Generic merely signify what a product is such as "dog food" or "milk"
Trademark applications can be rejected if-
- it is generic or descriptive of the product or service
- it could be easily confused with another trademark for a similar product or service
- it performs a function of the product such as a distinctive grille design of an automobile