There’s lots of debate about what makes a good trade mark. And the answer is that it depends what you’re trying to achieve with it. And who you ask/who is asking!
Branding/marketing advice for a good trade mark is likely to be:
From a branding perspective a good trade mark will be memorable as the main thing. You also want it to be clear to your customers who you are, as well as being clear about what you do/offer. Most of all, you probably want it to stand out from the crowd. In addition, I know some people think that it’s a great compliment to a brand if it is used frequently, or becomes synonymous with your product or service. Who doesn’t say “I’ll Google it” when they actually mean “I’ll use an internet search engine to find that out”.
Trade mark attorneys will say that a good trade mark:
Is also memorable and stands out from the crowd. Also you want to be unique in your business area. You don’t want to describe exactly what you do – so neither “Your Local Accountant” or “Get Mums Fit” would be considered a good trade mark from that point of view.
Ideally, you want your trade mark to be able to be registered. So a trade mark attorney’s advice about what makes a good trade mark will be that you need to choose one that will satisfy the requirements for registration. The Examiner at the trade mark office will decide if it can be registered as a trade mark. This means that they look at;
- Whether it can identify one business from another.
- That it doesn’t describe the goods/services offered.
- That it is not customary within the trade/industry.
You also need to make sure that it doesn’t conflict with anyone else’s existing trade mark(s).
These are all things to think about when choosing a name for your business or product range. If you need any help with choosing a new name, rebranding, or protecting your existing trade mark, please get in touch.