Trademark Selection: Picking the Strongest Mark

Selecting a trademark presents unique challenges. The natural tendency is to select a mark that has some connection with the product or service that will be associated with the mark. However, the U.S. Patent and Trademark Office (PTO) will reject a mark that is merely descriptive unless the mark has acquired secondary meaning, generally requiring five consecutive years of use of the mark or such significant advertising and marketing that consumers immediately link the mark with its owner or source. A mark that is wholly coined or made up, such as PEPSI® or XEROX®, is meaningless to consumers upon its initial use, and the company must expend time and money to teach consumers to link the mark with ...

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