In business, there are a couple of true “No-Nos”. First, one should never ignore the federal or state tax collector — they have collection powers that seemingly have no end. Second, don’t select a name for your product or service that merely describes your product or service as it is extremely difficult to obtain a trademark for the name from the U.S. Patent Trademark Office (USPTO) That’s what the early partners of FLUID did straight out of Cal Poly. Their application for a trademark was rejected by the USPTO early on and their name unprotected nationwide for nearly a decade aside from a state approved trademark application. So they did the work – particularly, one founder named Richard Smith. He marketed his outstanding Fluid pre-work-out and recovery drinks at hundreds and hundreds of at athletic competitions around the country, sponsored leading athletes, pit on information clinics, attended trade shows and more. With all the data and evidence that FLUID’s mark had obtained “Acquired Distinctiveness” in the marketplace, the USPTO granted Richard Smith full federal trademark protection for FLUID! Congratulations to to Richard and the entire FLUID team for all the hard work that created Acquired Distinctiveness!
