Brand Geek® Tummy Pocketbook Test℠

January 31, 2022
troyarnold
Trademarks
0 Comments

One of the most frequent questions we trademark attorneys are asked (daily!) is whether this or that or the next trademark/service mark ought to be registered. This is an impossible question for us to answer with anything other than “it depends . . .”, “It depends” sucks, and we know it. And, we want to do better in providing our clients guidance in which of their brands to protect through federal registration. So, out of an impossible question, grew a simple test. We call it the Tummy Pocketbook Test℠ (and yes, that’s one of our many service marks):

Brand Geek®

Tummy Pocketbook Test℠

When you wonder whether to protect, just use our Tummy Pocketbook Test℠

Step 1: Tummy Test

Close your eyes and think about a “competitor” using your brand or something confusingly similar thereto for products and/or services that are identical or related to yours.

Now, how does your tummy feel? If your tummy feels uneasy, this brand likely is important to you and thus may warrant protection.

Move on to Step 2

Step 2: Pocketbook Test

Does the brand generate enough revenue to warrant the expense of registering and/or renewing it? (Renewals happen 5 years after registration, then again 5 years after that and then every 10 yrs thereafter, so long as the mark remains in use.)