Guide to Choosing a Trademark: Practical and Easy-to-Follow Tips

Choosing a trademark for your business may seem challenging, but it is also one of the most creative and exciting aspects of brand development.

A trademark is more than just a name or a logo. It is what makes customers remember you and choose your business over the competition.

A registered trademark grants you exclusivity and allows you to prevent others from using the same brand in which you have invested in terms of development, advertising, and promotion.

Below, you will find several practical and easy-to-follow tips to help you choose a suitable trademark—one that is easy to register and truly represents your business.

1. Define the message you want your trademark to express

Start by clarifying what you want your trademark to communicate. Consider your business values, what makes you unique, and how you want to be perceived by customers. Your trademark should reflect the essence of your business and serve as a symbol of your identity in the market. If you need inspiration, consulting an advertising and marketing agency can be a valuable step, as they specialize in brand name creation.

2. Check for conflicts with existing rights

It is crucial to ensure that the trademark you intend to use is not already registered or in use by another entity. Beyond potential conflicts with registered trademarks, you should also verify that no other intellectual property rights, such as copyrights, are infringed. To avoid copyright disputes, it is generally not advisable to use artificial intelligence for logo creation or to purchase logos from online platforms unless the license explicitly states that they can be registered as trademarks and will not be sold to others. Conducting a preliminary search can prevent legal complications—this is a service we can assist you with. Contact us for a verification check before proceeding.

3. Avoid inappropriate or descriptive language

Be mindful to avoid anything that could be considered vulgar, offensive, or overly descriptive. Additionally, refrain from using generic terms related to your industry, as these may not be distinctive enough. For example, a name like "Premium Hotel" is unlikely to be approved because it lacks uniqueness. Instead, choose something creative and original that will stand out in people's minds.

4. Be creative and choose a unique trademark

Select a name that is distinctive and memorable. Invented words or unique combinations (such as "Spotify" or "Google") are easier to protect and provide a clear identity. Avoid overly generic names, as they may not be eligible for registration and could make it difficult to enforce your rights against third parties using similar marks.

5. Consider cultural and linguistic differences

If you plan to expand into international markets, ensure that your chosen name does not have negative connotations in other languages or cultures. A word that sounds appealing in your native language might have unintended meanings elsewhere. For example, some words that are distinctive in Romanian may be perceived as generic or descriptive in another language. This step is especially important for European Union trademark registrations, as a refusal in any member state can lead to the rejection of the application as a whole.

6. Select the appropriate nice classes and accurately describe your goods and services

When registering your trademark, you must specify the goods and services for which you seek protection. Make sure to select the relevant Nice classes that align with your business activities while also considering potential future expansions. Once your trademark application is filed, you cannot add additional classes or products/services without filing a new application. You can check the appropriate Nice classes for free through our platform.

7. Seek assistance from an Intellectual Property specialist

To ensure compliance with all legal requirements, consulting an intellectual property specialist is highly recommended. Whether you work with an industrial property consultant or an attorney specialized in intellectual property, they can provide tailored advice, assist with availability searches, help select the appropriate Nice classes, and guide you through the registration process. This professional support can help you avoid pitfalls and meet all deadlines to secure your trademark rights. Fill out our contact form, and we will be happy to assist you with trademark registration and ongoing protection.

Final Thoughts

Choosing a trademark is a crucial step in establishing your brand, and with careful consideration, it can become one of your most valuable business assets. A strong trademark not only grants you exclusivity but also builds customer loyalty and makes you easily recognizable. Follow these tips to create a well-suited trademark that you can successfully register and protect.