The Trademark Traps of Generic, Descriptive, and Surname-Based Business Names: You Can't Always Get What You Want cover art

The Trademark Traps of Generic, Descriptive, and Surname-Based Business Names: You Can't Always Get What You Want

The Trademark Traps of Generic, Descriptive, and Surname-Based Business Names: You Can't Always Get What You Want

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When starting a business, choosing the perfect name is one of the most exciting and crucial decisions you’ll make. You want a name that tells customers what you do, is easy to remember, and stands out in the marketplace. Here’s the catch: if your name is too generic or merely descriptive, you could be walking straight into a trademark trap that leaves you legally vulnerable and unprotected.

You don’t have to be practiced at the art of deception and have an infringing name to be denied trademark protection. Many business owners don’t realize this issue until it’s too late. Imagine investing thousands in branding, signage, and marketing only to discover that your business name can’t be legally protected. Worse yet, a competitor could use the same or a similar name, and you’d have no legal recourse.

In this episode, I cover:

  • What Can Happen if Your Trademark is Too Generic or Descriptive? 0:00
  • No Security: Why Are Generic and Descriptive Names a Problem for Trademarks? 0:52
  • Mr. Pitiful: Why Can Last Names Be Trademark Trouble? 2:44
  • Can You Get Trademark Registration for a Name that Is Generic, Descriptive, or a Surname? It’s Not All Doom and Gloom: The Supplemental Register 4:02
  • What to Do: How to Choose a Strong, Protectable Business Name 4:46
  • Do As I Say, Not As I Do! 5:40
  • You Can't Always Get What You Want, But If You Try Sometimes, Well, You Just Might Find You Get What You Need 6:28


#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

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