Selecting a Mark

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

Trademark Example

Sideswipe
REGISTERED TRADEMARK 3,432,286

Trademark Fact

The same mark can be registered with the U.S. Trademark Office by different parties for different goods or services as long as consumers are unlikely to be confused by the different uses.

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.

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