Brand Naming | Brand Development | Naming Strategy | Trademarks
Naming Consultant makes
safe, smart company naming, product naming, service naming and brand
Brand naming experience, trademark and industry investigation, and a seasoned mind aware of what causes naming trademark problems results in safest, smartest brand names, product names, service names, and company names.
Trade names (trademarks, Marks, brands) are a company's greatest liability.
With globalization, the Internet, and much greater focus on protecting intellectual property (the most valuable of which is a brand, company, product or service name), naming any company, brand, product or service is trickier than ever before, requiring much deeper thought and much deeper analysis to avoid national and international infringement claims.
Trademark infringement claims are routinely brought against numerous companies of all sizes. Though trademark infringement rarely makes the News, a single trademark infringement claim can devastate any business, even if the business wins the case and therefore the right to continue to use its own name.
Many trademark infringement matters are resolved confidentially, so they're never seen.
The reason the trademark infringement claims are kept confidential is because they would be damaging to the companies involved if known to the public. At minimum, publicity of a trademark infringement claim (which often becomes a Federal Law Suit) would erode the public's confidence in the infringing company and therefore many are resolved with confidential settlement agreements.
Brand managers, brand owners, and brand and naming consultants' clients turn to me for in-process and post selection confirmation of brand, product, service and company names for analysis from many perspectives.
Today there's a new and absolutely required component to naming and branding that must be more seriously considered than ever before to avoid risking loss of your name.
Getting expert advice from a seasoned branding professional, preferably with trademark experience (that's me), seems as if it should be at the top of the list.
Losing your brand name often means losing it all.
Any cease and desist letter, opposition, cancellation (also known as a Petition to Cancel or Petition for Cancellation) is the start of a lengthy and costly legal battle where you either keep your brand name, or are forced to abandon it.
If you are forced to abandon your brand name, typically you also must destroy or discard all goods and materials with your brand name on them, the idea being your goods and materials, infringing upon another, were and continue to be 'illegitimate' and damaging to the party claiming infringement.
The most common oppositions are based upon likelihood of confusion between names.
With the Internet and its inherent worldwide scope, any brand today (with or without a web Site, and local, regional, or multinational), is far more visible to world scrutiny.
The increased visibility of trademarks results in increased trademark problems, and, as a rule, the more famous the trademark becomes, the more trademark problems result.
Though not an attorney, Rob's life experience and methodologies help avoid modern trademark problems that can quickly lead to brand disaster.
With globalization and worldwide exposure the Internet provides, branding, product and service naming and packaging, must be more thoroughly considered than ever before.
Visit the Trademark Trial and Appeal Board web Site http://ttabvue.uspto.gov/ttabvue/ and you can search and see if brands in your industry are facing trademark problems.
In the 21st Century, Rob says "it's not creative unless it's safe" and based on life experience including resolving his own trademark problems, Rob helps others.
Learn more about safer, smarter naming -and how to create and analyze a brand name.
Payment works just like a doctor visit >>
Have a trademark problem?
Safe branding and brand
naming must be Step One.
Safe branding and brand naming must be Step One.
These elements of a business plan are theprinciples of infringement disputes (oppositions and cancellations).
100's of brand names are opposed all the time, millions** spent, just to keep the brand name - and no damages awarded to cover costs.
Many trademarks are abandoned - though many others, opposed when the business is successful, must be fought.
* By legal doctrine, brand owners must oppose and cancel the names of others - if those names are 'similar' in any way - and some unexpected ways.
**A trademark opposition or cancellation can average $100,000, while many cases far exceed that cost into the $millions.
You can plan for and avoid potential brand problems, trademark problems, trademark examiner refusal, opposition, and cancellation, yet you need to know what Rob knows to know what to look for and consider to be safe from the start.
Your name, the
foundation, is either safe or not.
names, strong name brands, built to last.
brand identities took the same type of serious consideration and thought
that Cummings puts into everything we do.
In addition, a great deal of thought was placed on the name - and should be since the more famous a brand becomes, the greater the liabilities.
you may have thought that all you needed was a logo, there is much more to
developing a name and logo that will not cause trademark
problems (whether or not you plan to register a mark), and choosing a
name, look, feel, and positioning that will become an asset to your business (rather than a
Learn more about our brand naming development services >>
Today, Cummings Design spends more time helping companies save their names.
A logo might be a unique piece of type based on the name, or a unique piece of type combined
with a symbol. In trademark terms, a logo is considered a mark.
A trademark opposition or petition to cancel is a law suit to make you stop using your name - forever.
Can someone stop you from using your name? Absolutely.
Learn more about the risk of having a trademark problem >>
Whether or not you plan to make application to register your trademark (product, service or brand name), others can legally oppose it - and win - now, or years from now, and the more successful you are, the greater the chances.
Aside from numerous other factors we consider, our primary concern is helping to avoid a trademark opposition or other legal problem relating to your:
in Orange County Southern California, we help create and develop brands
and business plans worldwide - effectively working with others via email
(and very little phone) in Australia, Ireland, England, the US, and
Most consumers will instantly recognize the companies behind the icons above, however, a symbol or icon requires a great deal of marketing, promotion and advertising in order to develop consumer recognition. A symbol may not always be necessary or preferred. Nike, CBS, NBC, the Bell System, and Chanel spent countless dollars to get most consumers to recognize these most of the time.
about the school of experience is that it will repeat the lesson if you
flunk the first time. Author
Creating a name (and then a logo that becomes a brand or a product line within a brand) involves graphic design, marketing, psychology, research, analysis, strategy, an understanding of how people relate to products or services and brands, an understanding of language, and an understanding of your market and industry, plus knowledge and experience in all media.
On a basic level (yet one many overlook), a brand developer must understand how the logo or mark will print and appear in all media - on packaging, signs, brochures, web Sites, sell sheets, and possibly trucks, planes, television commercials and every other item it may be applied to. Each of these applications involve different printing processes, and each must be considered so that the mark, when applied, will appear in the same color and be readable and be cost-effective to apply.
On a more advanced level, numerous other factors need to be considered in brand creation and development.
Corporate Identity and branding is a specialized form of graphic design, and is what makes companies appear large, stable, efficient, reliable.
Pop up a quick Tour (if you haven't already) to see some of our logos. A logo is the starting point for brand creation and brand development.
you need help with company naming, brand naming, product or service
naming, click here.
Why do people choose Fed Ex? In great part due to the reliable, efficient, stable look of everything Fed Ex shows the public.
Reliable, professional appearance is just as important as reliable service - especially when trying to grow your business. Corporate Identity programs, done well, with high level graphic design, create the appearance of reliability.
Professional corporate identity and branding programs save money.
By eliminating unnecessary duplication, through economies of scale, by developing a Graphic Standards Manual, and through careful planning, corporate identity and branding programs save incredible amounts of money and time.
One of the first assignments Rob Cummings completed in his career was for Addressograph-Multigraph, a client of Muir, Cornelius, Moore (a NYC design firm now part of the Interpublic Group).
Addressograph-Multigraph earned its worldwide reputation as a provider of printing equipment and supplies. What it lacked was corporate identity.
In 1977, Addressograph had numerous divisions around the globe, each under the guidance of their own graphic designers. The result was a disjointed look, incredible duplication of materials and cost, and no real Corporate Identity or Branding. Each division appeared to be a different company.
first step - analysis.
second step - review.
The logo had many applications so two variations were
And a corporate color was selected that could be duplicated around the world in any media - printed, video, silk screen:
three - applications, and development of graphic standards.
Font, color designation, size, layout, and
all other details are spelled out.
Once the Graphic Standards are developed, the cost of producing these items is dramatically reduced - forever.
In 1977, Rob Cummings created the graphics for the Norwegian Caribbean Line cruise ship, the SS Norway (formerly the SS France).
In the SS Norway project, Rob developed:
If you're serious, committed, and have a realistic budget, Rob Cummings can help advise in every aspect of brand development - for greater success, and even more important, risk reduction in liabilities that most fail to consider.
Links of interest:
Brand Managers, see how a UPC product bar code can send people direct to any web page you choose. Learn more.
Contact Rob for details.
Thank you for visiting, hope this helps.
All trademarks are owned by their respective holders and shown here in an editorial manner.