Should I always seek registration of my business name?

Registering your business name on the principal register is an important step for establishing your trademark rights but it may not be appropriate for all businesses. When a business has selected a product or service name that merely describes the product or services offered, trademark registration may be denied for lack of secondary meaning. Placement on the supplemental register may be a viable option for merely descriptive marks, but marks that are highly descriptive and possibly generic may be ineligible for registration on the supplemental register. Secondary meaning may be established through five years of substantially exclusive use of the mark or through sufficient exposure to acquire distinctiveness.

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