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Trademark Double Entandras: How Alternate Meanings Effect Business Success

At the outset, I have written many articles regarding the nature of trademarks and the differences between trademarks vs copyrights.

What makes trademarks strong or weak is essentially how unique they are. But beware, that unique name you just came up with might have an alternate meaning that is far less desirable.

Recently it occurred that businesses sometimes find, what they believe is a catchy name and then immediately do business under that name. In their rush, these businesses fail to have an appropriate trademark search performed. What many of the these businesses discovered, all to late, was that their newly formed companyâs name has a different meaning then the one they intended.

This sometimes occurs when there is an attempt to use English words in a foreign country and sometimes there is an alternate, slang, meaning for the companyâs name, which is anything but flattering.

The solution is to have a comprehensive Trademark search performed by a qualified attorney. To avoid the selection of a trademark that is both available and memorable but also carries with it an unintended meaning, a comprehensive search should be performed, including meanings in other languages.

There are many examples of businesses using names...