Trademarking a Business Name

The video tutorial explains trademarking as a form of legal protection under state and federal law. It covers the process of obtaining federal trademark protection through the USPTO and the importance of distinctiveness in trademarks. The tutorial discusses different levels of distinctiveness, such as fanciful, arbitrary, suggestive, descriptive, and generic marks, and the challenges associated with descriptive and generic marks. It concludes with a summary of the key requirements and challenges in trademarking a business name.

What is the primary purpose of trademarking under state law?

• To ensure nationwide protection

• To protect a business name without filing

• To register a business with the USPTO

• To avoid paying state taxes

What is required to obtain federal trademark protection?

• Using a common law mark

• Filing with the USPTO

• Having a generic business name

• Filing with a state agency

Which type of mark is considered the most distinctive?

• Descriptive

• Suggestive

• Generic

• Fanciful

What is an example of an arbitrary business name?

• Apple Computers

• Microsoft

• Kleenex

• Google

What must a business demonstrate to trademark a descriptive name?

• A unique logo

• Secondary meaning

• Federal registration

• A generic term

Why can't a generic name be trademarked?

• It is not distinctive

• It is too expensive

• It is too long

• It is already registered

What is a potential issue when filing for federal protection if similar businesses exist?

• Increased filing fees

• Difficulty securing rights

• Immediate approval

• Automatic state protection