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Trademark Education Center


Selecting a Trademark

The best trademarks are highly distinctive. Therefore, your first step should be reviewing the distinctive section . As a quick review, fanciful or arbirary marks are the most distinctive and, therefore, make for the best trademarks. Again, this would be along the lines of using "Apple" for computers.


Once you believe you have found an appropriate and distinctive trademark, you should then conduct a trademark search for that mark. A search will help you determine whether or not someone else is using a mark similar to the one you propose to register. If someone is using a similar mark for similar products and services, it is unlikely that you will be able to obtain a trademark. In certain situations we may still be able to help you obtain the trademark. However, as a general rule, if someone is already using a similar mark, it is unlikely that you can obtain trademark protection.

Finally, along the way, it is a good idea to come up with alternative trademark ideas. This way, if someone is already using a similar mark, you will have a backup plan.