Methods of Selecting a Mark

Companies use a variety of methods to select a trademark. Some retain consulting or advertising firms. Others rely on their internal sales and marketing departments. Still others conduct internal promotions, asking all employees to submit possible marks. The danger of relying on employees who are not trademark experts is that an employee may unknowingly suggest an infringing mark. Moreover, employees often do not understand that the standard for trademark infringement is not identicality but confusing similarity, so they often believe that by changing a few words or a spelling, they have created a new mark. Professional firms conduct searches to prevent selection of an infringing mark.

Companies should give careful ...

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