Rob Cummings knows naming, branding, marketing, copywriting – and more – and was trained by some of the legends in the business. Rob also knows trademarks and how to minimize trademark problems.
Naming Consultant makes safe, smart company naming, product naming, service naming and brand naming work.
(and then our experienced name brand designer brings your brand to life).
By Rob Cummings
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.
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