Picking the Right Trademark – Two Guiding Principles
There are many considerations and legal requirements that you have to take into account before you choose what trademark your business will use. That said, there are two considerations that you must always consider when picking a trademark; one, is the trademark confusing with any other trademark; and two, does the trademark have inherent strength.
No Confusing Trademarks
Before we talk about how to choose your trademark, it is useful to know what kinds of trademarks the law does not want you to adopt and use. Trademark law can be used to stop you from adopting and using trademarks where there is a likelihood of confusion between the trademark you propose to adopt and use and other trademarks.
The law considers the likelihood of confusion from the perspective of a hurried consumer in a rush with imperfect recollection. The law evaluates whether there may be a likelihood of confusion between trademarks by assessing all the surrounding circumstances. In particular the law will always consider five factors, namely, how distinctive the trademarks are and the extent to which they have become known, the length of time the trademarks have been in use, the nature of the products, services, or business, the nature of the trade, and the resemblance between the trademarks in appearance, sound, or the ideas suggested by them. Read more...