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Would misspelling/leaving characters out of the brand name improve my chances of successful trademark registration?

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Written by Tomas Orsula

Senior Trademark Attorney

Unfortunately, neither of these variations would improve your chances of successful trademark registration. The same goes for phonetic or homophone spelling, such as using "2B" instead of "to be", etc.

The reason is trademarks are looked at not just in terms of spelling but also of the distinct meaning they signal to their consumers. Slight variations such as these are not considered enough to turn an otherwise descriptive/generic term into a distinct mark.

You can find more tips on what to do and what not to do to increase the distinctiveness of your trademark in our article How can I increase the distinctiveness of my trademark?

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