The first step in selecting a mark is to find a mark that uniquely identifies the goods or services.

Trademark Example

Whac-a-Mole
The first U.S. trademark registration for the iconic game by the Bob's Space Racers company. REGISTERED TRADEMARK 2,561,937

Trademark Fact

A "famous mark" - one that is widely recognized by the general public as a destination of the source of the goods or services of the mark's owner - is subject to a high level of protection under special federal statutes.

A successful mark will identify goods or services in a manner that will leave a favorable, lasting impression in the minds of relevant consumers and will not be confusing with the marks of competitors.

Marks that are "arbitrary" and have no meaning in relation to the goods or services are often easier to protect than marks that simply describe or suggest the goods or services being sold.