Little can be more frustrating to a new business than to be forced to change its name or the brands of its products because it is infringing another's trademark. To avoid conflicts with the competition, however, each trademark should be screened to ensure it does not infringe another's right to something similar and to determine whether it will be protectable under trademark law.
Trademarks define the identity of business.
Technically, a trademark is any word, name, symbol or device or any combination thereof used to identify and distinguish goods or services from those manufactured, marketed or sold by others and to indicate the source of the goods or services. Generally, trade names are not afforded the protection granted to trademarks, unless they are also used as trademarks. Choosing a Trademark To gain protection, a trademark must be distinctive to serve its identification function. Such marks are inherently distinctive. Arbitrary and fanciful marks are the strongest types of marks.