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Frequently Asked Questions

What should you avoid when creating a trademark?

When creating a trademark, there are several key factors to avoid to ensure your mark is unique, appropriate, and legally sound. Firstly, avoid offensive language or graphics, including foreign words that may be considered offensive. These aren’t eligible for trademark registration. Secondly, steer clear of generic trademarks that describe an entire category of products or services, such as "computer", rather than a specific brand like "Windows". Thirdly, avoid indistinguishable or weak marks, including geographic marks, descriptive marks, and last names. These may not be registered without first proving that consumers associate them with your goods or services, granting them "secondary meaning". Fourthly, avoid marks describing a functional feature, which is something so essential to the type of product or service that it cannot be considered unique to a particular brand. Additionally, it's important to examine other exclusions, such as previously used media titles, national emblems, foreign words that translate to generic descriptions of the product, geographical descriptions, and more.

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