Trademark Selection Checklist
By Pliam Law Group, PA

Proposed Trademark ________________________________________

1. The Mark is Distinctive
[ ] The mark is not generic.

[ ] The mark is not merely descriptive, or if it is, I accept that the mark is unprotected until it acquires secondary meaning.

[ ] The mark is not primarily geographical, or if it is, I know it will not be protected until it acquires secondary meaning.

[ ] The mark is not primarily a surname, or if it is, I know it will not be protected until it acquires secondary meaning.


2. The Mark is Not Forbidden

[ ] The mark is not a living person’s name, portrait or signature without their written consent.

[ ] The mark is not disparaging of any person, institution, belief or national symbol.

[ ] The mark is not immoral or scandalous.

[ ] The mark is not a functional feature of a product that was added for utilitarian reasons.

[ ] The mark is not deceptive.

[ ] The mark is not
a deceased President's name, portrait or signature without the living spouse's written permission.

[ ] The mark is not a flag, coat of arms or other national insignia.


3. The Mark is Not Preempted by an Existing Mark
[ ]
I completed or obtained a knock-off search on _____________

[ ] I obtained a full search on _____________

[ ] I obtained a legal opinion on
_____________


If you have questions about selecting a trademark, call Pliam Law Group, PA at (612) 781-4426.

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