Brand Creation

DO create a coined or made up word. These marks are strong marks and afford you a broader scope of protection than words that are commonly used in your field of trade.

DO use dictionary words. It is a common misconception that you cannot use “dictionary words” as trademarks. Provided that the word that you choose DOES NOT clearly describe your product or service, it can be used and registered (assuming its available).

DO consider creating a logo design. If the mark that you choose is made up entirely of descriptive words and you still wish to obtain trademark protection, you can create a distinctive logo design that incorporates the descriptive words. Thereafter, you can apply to register the logo design trademark and obtain some limited protection for the use of the words within the confines of the specific logo.

DON’T use your surname (unless it is extremely rare or has other meaning). Every person has the right to use their surname to identify their goods or services. Therefore, it is difficult to obtain any exclusive rights and to prevent others from using their surname.

DON’T create a mark that is made up entirely of descriptive words and expect to be able to obtain exclusive rights to the use of the words. You cannot “fence in” and prevent others from using purely descriptive words (unless the words are part of a distinctive logo design). Be creative and clever… a unique mark affords you a broader scope of protection.

DON’T create a brand that is the name of the goods and service in any language. When the mark is examined, the Trademark Office will require a translation of the mark and, if it is discovered that the word is clearly descriptive of the product or service in another language, the mark may be refused.