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More than you imagine. We
can help you avoid a trademark opposition and with
Smart methodology Systematic approach Entirely online
Serving
the world
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Branding : Brand, company, service, product names, naming conventions, and how to choose and protect a Mark (brand name). |
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The following are not all-inclusive and only the most basic steps to take to create a safe name and limit the chances of infringement or refusal.
Step 1: Names that sound like others, or have the same connotation, create trademark infringement problems. I strongly suggest that you read about the DuPont Factors and likelihood of confusion now to begin to understand how names can be similar to others and cause a trademark objection. When you've read about the DuPont Factors just down to the red, click your browser back button to continue here. Step 2:
Next you create a list of
possible name candidates that may easily be over 100 possibilities. This
provides a library of potential name candidates, and though it may take time
initially, saves time in the long run. Next, to save time, you narrow down the candidates to a more manageable number, say 10. Of the 10, you GOOGLE each candidate as it is spelled, and as it could be spelled, thinking of every possible way it could be spelled. If you find no results, you move on to related names that could have the same connotation, sound or meaning. This overcomes one of the main reasons names (Marks) are accused of infringement i.e. the names look alike, sound alike, or have the same or a similar connotation. Be very creative in thinking about every other way the name could be spelled, and similar names with similar connotations, and document all those you searched. You might want to contact me to suggest other names that could have similar sound, meaning or connotation at this point unless you're very confident that you have come up with each and every possibility and been very diligent. I often think of possibilities most overlook. Step 4: When the name is cleared in Google you start a search at the US Patent and Trademark Office Trademark Trial and Appeal Board (TTAB) with the same list of names and variations you used in your Google search. Continue to document your findings. It is also extremely important that you have read and entirely understand the meaning and concepts of the DuPont Factors. If the TTAB shows no Oppositions to your name and all variations, then you move on and search the applied for and registered trademarks at the USPTO and do just as you did with the TTAB searches. If the name and all the variations are clear after the above, I suggest you search for 'common law' uses and this can be done using switchboard.com to search phone directories and business listings. If the name and all the variations are clear after the above, I suggest you next search exhibitor lists of all directories of trade shows in your industry or that could relate to your industry. Step 5: Finally, if all is clear in the above, you should get a Thomson & Thomson Comprehensive Trademark Search Report and evaluate that trademark search report with someone who truly understands trademarks, and, if at all possible, a highly qualified trademark attorney and a company, brand, product, and service naming specialist (which could be me). People contact me to evaluate names before application since I think differently than most trademark attorneys, often uncovering issues the best don't recognize.
We're just a start-up and
don't have the time and money for this.
Why go through all of
this? Please be sure to read
this page first
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