A phrase, word, symbol, company name, logo, slogan, brand color, product packaging, podcast name, course name and product name can all be eligible for a Trademark. Anything that may help a business distinguish its goods or services from that of another may qualify for a Trademark.
Trademarks help businesses distinguish their company from others, indicate the source of goods, and distinguish their goods and services from others. The purpose of a Trademark is to help consumers know who you are. It may be helpful to consult with a Trademark Attorney to see if your developing business could benefit from a Trademark.
Once you have consulted with a Trademark Attorney about whether you might benefit from a Trademark, it is time to come up with ideas. While considering what you want your developing businesses brand to look like, it is also important to understand what might be difficult to register or what cannot be registered as a Trademark.
There are certain words and phrases that are extremely difficult or ineligible for Trademark registration and protection. A Trademark Attorney will inform you on the availability and difficulty of registering your proposed Trademark. For example, phrases that include a geographical location such as “Edmond Estate Planning Attorney” or “Oklahoma City Trademark Attorney” would be difficult to Trademark. Additionally generic, deceptive, and descriptive names are rather difficult to Trademark. Additionally, it is generally accepted that you cannot Trademark proper names without consent from said individual, government symbols or United States Presidents. (Trademark Clearance Search)
Finally, after you determine a proposed Trademark, it is important to have your Trademark Attorney run a Trademark Clearance Search to ensure your proposed mark is available for registration with the United States Patent and Trademark Office (USPTO).
If you have a question about whether parts of your brand identity are trademark-worthy, an attorney at Hartsfield & Egbert can help. You can contact the Attorneys at Hartsfield & Egbert, PLLC at (405) 285-6858, or visit our website www.helawedmond.com and schedule a consultation.