Once a trademark has been federally registered, it should be identified either with the word “registered” or with the symbol ®. An unregistered trademark should be identified with the letters ™ placed in close association with the word or symbol which comprises the mark. “RESERVATION” OF A TRADEMARK As of November 16, 1989, trademark applicants also have the option of “reserving” a trademark, without actually having used the mark in commerce, by filing for federal application of trademark. The applicant can apply based upon a good faith intention to use the proposed mark in commerce within a reasonable period of time. However, use of the trademark in an actual business context is required before a mark can be federally registered. Whether filing based on actual use or proposed use of a trademark, it is advantageous to file an application as quickly as possible. TRADEMARK SELECTION The selection of a trademark can be very important in terms of the trademark owner’s ability to obtain registration and prevent others from using the mark. Trademarks can generally be classified into four basic categories: (i) generic, (ii) descriptive, (iii) suggestive, and (iv) arbitrary. A generic trademark is really not a trademark at all. An example of a generic trademark is the word “zipper,” discussed earlier, which has lost its trademark significance and has come to be used by everyone speaking the English language to describe not the brand of a product, but rather the whole class of products. Thus, when choosing a trademark, it would be improper to choose a word which is defined in a dictionary to mean the type of product
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