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How To Trademark Your Brand

Getting Started

The following article does not serve as legal advice.

Focusing on Trademarks

My law firm is entering into 2022 with a serious focus on trademark registration. When you want to scale a business it is crucial to have a clear focus or niche. This doesn't mean you have to delete your other offers or provide narrow services but it does mean your business will be better known for something specific. 

So now, OMI Legal is establishing a true signature offer: Trademark Registration!

For all my new entrepreneurs or as I like to say, "newish", this may be the year to finally explore trademarks and what the fundamental steps to registration look like. If you have not done the research or spoken to an attorney yet, don't worry. My team and I are breaking down everything you need to know in a trademark blog series. Part one takes a look at the basics and the often overlooked considerations. 

Trademark Registration 101

Congratulations! You’ve decided you’re ready to tackle the seemingly-daunting trademark registration process. But, it doesn’t have to be scary. The key to a successful trademark registration is preparing an application that minimizes the risk of refusal. This process can be very complicated and saturated with confusing legal theory, so having an attorney really helps. Let’s talk about choosing a trademark.

Part I: Choosing a Distinctive Mark

The more unique your mark, the more likely it is that you won’t run into any problems with the USPTO. Keep in mind the USPTO really cares about whether consumers are likely to be confused when they see a trademark.

There are five types or categories of marks:

1. Fanciful

2. Arbitrary

3. Suggestive

4. Descriptive

5. Generic

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