Process of Trademark Selection
The level of legal trademark rights afforded to a trademark depends on the characteristics of the trademark. To gain the highest level of protection, a proposed trademark should not contain generic terms, descriptive words, geographic terms, or surnames. To achieve the highest level of protection for a proposed trademark, individuals should select a trademark or service mark that is highly distinctive and unique.
Trademark selection requires an entrepreneur to carefully consider all of his or her choices and should choose a trademark that will achieve a high level of success in the trademark registration process. An entrepreneur or business owner selecting a new trademark should consider whether the proposed trademark is generic, whether it contains descriptive terms, whether it is made up of abbreviations, acronyms, initials, and misspellings; whether it includes laudatory terms, geographic terms, and personal names. A business owner should also consider the different trademark classes.