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Business Law, Intellectual Property

Originality in Trademark

September 4, 2018

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Originality in TrademarkConsiderations before designing your trademark.
These days it seems like almost everything can be trademarked. Businesses have been known to be quite protective of their trademark; they can do whatever it takes to protect the originality of their brand. Businesses can even shut down other trademarks that threaten to have the slightest similarity to their own. Historically companies and even individuals fight to make even some of their silliest of names trademarked. When it comes to trademark and trademark designs, originality is everything unless you are up for lawsuits. Your trademark is one of the most valuable assets to your business protecting it by using trademark registration is important. Here are some considerations before you brand your trademark design.

Word
The business must have a name for the service or product you supply. The word selected for your product should match your brand, whether spoken or written. How the word sounds, the meaning of the word and how it works in the business must work together to effectively be able to communicate your brand.

Typography
Typography is a vital element to a trademark’s originality. Therefore, special attention to typeface selection should be made. You can choose a sans, serif, or script type style, mono-spaced or proportional typefaces, something modern, dramatic or formal. Just make sure whatever you settle on is scalable and legible, utilize the letters well in the trademark, and bring out the personality of your brand.

Competition
Now, this is where originality at its fullest is important. Designing the trademark of your company is like picking the right name for a child. The name picked has the potential to stick with you forever. When designing the trademark, make sure not only does it reflect your brand but also distinguishes you from your multiple lists of competition. Make sure no other company is using the trademark to avoid lawsuits.

When done with picking the preferred trademark name and design, you will need to protect it with a federal registration to keep your competitors at bay. Developing that trademark for your product line can be hard but is a critical exercise.

Contact Boyer Law Firm, P.L. to conduct a comprehensive legal trademark conflict search.

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