Frequently Asked Questions

Why should you avoid generic brand names and phrases when choosing a trademark?

Choosing a unique and distinguishable trademark is crucial for your brand's identity and protection. Avoiding generic brand names and phrases is highly recommended when selecting a trademark. The U.S. Patent and Trademark Office (USPTO) often rejects generic names like "Ice Cream Shop" because they lack distinctiveness and uniqueness. A trademark is more than just a name; it's a representation of your brand's reputation and commercial identity. When people see your trademark, they associate it with their experiences with your brand. Therefore, a generic or common name can dilute your brand's identity and make it harder for consumers to associate your trademark with your specific products or services. Moreover, a unique trademark is easier to protect legally. If your trademark is generic or common, it's more likely that others are using similar marks, making it harder for you to enforce your trademark rights. On the other hand, a unique or "fanciful" trademark, like "Apple" or "Verizon," is easier to defend against infringement because it's less likely that others are using a similar mark.