In Episode 5 of the podcast, Mariam Tsaturyan discusses the importance of picking a strong name for your business, brand, product, or service. This is especially important for online businesses that offer various products and services to customers.

1. Importance of choosing a strong name for your offerings to protect it under trademark laws.
2. Trademark distinctiveness refers to the uniqueness of a brand or product name. Distinctiveness is measured on a spectrum, with generic marks on the left side (weakest) and fanciful marks on the right side (strongest).
3. Generic marks are not protectable under trademark law because they are commonly used words or phrases in a particular business type.
4. Merely descriptive marks describe the function or nature of a business and are not protectable on their own, but can acquire distinctiveness over time through heavy marketing and advertising.
5. Suggestive marks are the sweet spot for many small businesses, as they are creative and distinctive enough to receive trademark protection. An example of a suggestive mark is Netflix.
6. The strongest marks on the spectrum are arbitrary and fanciful marks. Examples of arbitrary marks are Apple and Amazon, which don't describe their respective industries but have strong brand recognition due to marketing and presence.
7. Arbitrary Marks: Existing words or phrases that don't describe the goods/service
8. Marketing and Advertising: Importance of building brand awareness around arbitrary marks
9. Fanciful Marks: Strongest and most difficult to create brand awareness; Completely made-up words
10. Spectrum of Distinctiveness: Generic, Merely Descriptive, Suggestive, Arbitrary, and Fanciful marks
11. Trademark Search: Essential for avoiding infringement and ensuring distinctiveness
12. Trademark Search as Art and Science: Complexity of the USPTO database
13. Role of Trademark Attorneys: Conducting searches and analyzing results

Links:

• Free PDF Guide for Trademark Name Search: https://mariamatlaw.com/naming-guide

Legal Disclaimer: Although Mariam Tsaturyan is a licensed attorney, she is not your attorney. Any information, tips, or materials in these podcast episodes are for educational and informational purposes only. No attorney-client privilege or relationship is established by your subscribing, downloading, or listening to any of Not So Risky Business podcast episodes. The information shared in the Not So Risky Business podcast episodes is not intended to be legal advice and should not be construed as such or as a substitute for getting legal advice from your attorney. If you need specific legal advice, consult with your attorney.

Episode 5

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