Paul Fleischut on Tactics for Cost-Effective Trademarks

A recent article by Steve Anderson, "Tactics For Cost-Effective Trademarks," appeared this spring in IPLaw360 and is a good reminder of the following ways to improve your trademark bang per buck:

   1.  SELECT INHERENTLY DISTINCTIVE TRADEMARKS. Words that are coined
        (e.g., KODAK), arbitrary (e.g., APPLE for computers), or suggestive
        (e.g., TIDE for laundry detergent) are more likely to breeze through
        the Trademark Office than are marks based on common or descriptive
        terms. Marks based on distinctive terms are also generally less
        likely to be in use by competitors, and therefore less likely to
        face opposition.
   2.  SEARCH NEW MARKS THOROUGHLY IN HOUSE, FIRST. Using general
        internet search engines and uspto.gov, you can often eliminate
        candidate brand names and tag lines early, before having to
        engage trademark counsel.
   3.  CONSIDER BRAND EXTENSION. If your ACME mark has sold millions of
        widgets for you over the years, maybe it is a good candidate for
        your next new product or service offering.