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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
or SHOP AROUND (unendorsed)
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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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I help develop product, company and service names to avoid major trademark infringement problems. Best company names, product names, service names, domain names are safest, smartest, still creative, most effective, and least risky.
Avoiding
common
naming errors. The two common naming errors we see most often are:
The most common general mistake is creating a Mark (name) that describes what the product or service is (never allowed a trademark) or worse yet, and what we often hear "we chose the name since it sounded like a famous brand name." We minimize the chances of having a costly trademark or infringement problem. One trademark problem can easily cost $10K to $millions, and/or the complete shutdown of your company, plus a law suit with monetary damages, and typically requiring you to donate any inventory to charity. Though trademark oppositions and cancellations rarely make the News, they are happening all the time - and more so when companies become famous. Most hire us for name development to provide the greatest assurance in making the best choice of name with all aspects considered. Since many take naming too lightly, we do more in resolving trademark problems (that never should have happened) as opposed to helping create new names. You may say
"but we
don't have naming in our budget." You are about to base the entire foundation of your brand or company or product line on a name. Ideally, a name should be memorable, easy to spell (and difficult to misspell), seem 'familiar' when written or spoken, and be available as a trademark and a domain name. There are numerous other factors and aspects that should be considered very carefully. Many overlook the importance and value of choosing the right name for their company, its products and services, and the potential liability that could easily result by inadvertently choosing the wrong name(s). One primary goal
is to develop a competitive naming strategy.
A
poor choice of names can result in critical liabilities.
In the trademark problem solving we've been doing over the years, we have seen companies build highly successful businesses only to (years later) face serious and oftentimes insurmountable trademark problems costing $500,000 and more in legal fees - just to keep the name - and nothing more - and only if the outcome is positive. Companies with large intellectual property budgets can create costly and protracted legal problems that last for years - all based on your trademark. Trademark
problems are often overlooked until they become a problem. Trademark problems always involve owners and staff, and take incredible amounts of time and effort. For the most part, the chances of having a trademark problem can be minimized and/or avoided - though it all starts with the choice of name - and the careful and methodical process by which that name is assessed. A good name is an absolute necessity, and keeps problems away. Careful analysis combined with creative thinking and thoughtful consideration of every possibility is critical to successful naming. In the process, we:
To understand the domain registration misspelling issue, enter microsift.com (rather than microsoft.com). To see a protracted case, search for Windows v Lindows. There are many others that never appear in the Press. Trademark issues are seriously considered with:
Why go through so much trouble for just one strong name? Of many, the most compelling reason to choose the right name is to be able to stay in business. Sounds dramatic, yet it's completely true. A name (also known as a a mark) has strength or weakness on its own, however, that strength, weakness or vulnerability is directly tied to and inseparable from the description of the goods and services associated with it. The perfection of the name along with its associated description of goods and services is critically important to reducing risk and enjoying all of the benefits a strong name can provide. What are weak names, and why are weak names risky and vulnerable? Most people do not realize, for example, that an application for a trademark for 'Best Price' could easily result in a trademark opposition from 'Best Buy' - or a Petition to Cancel years after, or a civil law suit in Federal Court - even though the two names are seemingly dissimilar. Most
also do not realize that a trademark registrant could cause a business
with no aspiration to get a trademark right out of
business - and usually after a cash-draining and years-long legal battle. What
does it mean to 'use a mark as a trademark'. Why does it matter?
How
will my name show up in search engines, and does that matter? Why
avoid a generic or common name? Why
worry about potential meanings? For example, the word 'match' is either something that works well with something else (a perfect match), or that thing you strike to start a fire. 'Single' could be a single unit, a person who has no partner, or a cut from a music CD. Everything should be considered in the naming process. We work with you and:
Once the name or naming convention is determined, we can further assist with:
What about tag lines and positioning statements? After we develop and 'clear' the name, we can help you develop positioning statements (also known as lock-ups or tag lines) that safely define your business and its offerings while providing competitive advantage. Ready
to get started and/or have us analyze your names?
Contact Rob for details on naming, branding, and trademark issues. Purchase naming services online. To see why we may be your best choice in naming, see services also available. Learn more about the Trademark process. Thank you for visiting, hope this helps.
/rob cummings/
Have a
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Clients and attorneys
are saying great things and great things have been happening in company,
brand, product and service naming - and
trademarks... "Really, really impressive work. Thanks so much
for this." "Thanks so much for pointing out the risk
associated with the Mark they proposed we change ours to, and also for
scaring the crap out of me." "I have spent thousands upon thousands with attorneys, and the money spent with you was
well worth it!"
"I
ran this by a trademark attorney who agreed with your assessments. He said
you seem to have a good grasp of these matters ;)"
"Thanks Rob. I agree with your points. I think we make a good team... seeing
"Your
Opposition is brilliant. I appreciate the whole thought process, the way
you grasped the problem, and how you distilled the allegations to the
simple truthful essence. I feel very confident in filing it, and thank you
so much."
"They filed the withdrawal today. Thank you for all the help and input you provided. You definitely know trademark issues and can draw a good strategy for the resolution."
"I just finished reviewing your work and I must say you are an excellent researcher! You seem to pay a lot more attention to detail than most IP lawyers would, you clearly have a passion for what you do." "I am encouraged by your research and thoughtful
analysis, and love the fact that
there's at least a chance we could keep the name." "Just wanted to express my appreciation for
everything that you're doing. Really love the work, the thought, the
strategy. Totally awesome. Regardless of how this turns out - you're
making an unpleasant experience much easier. (Kind of like a good
dentist!!)" "Impressive work. You're providing really good value. Thank
you!" "All the thanks go to you Rob, we never could have done it
without you!" "Just a quick note to thank you for your help. You were
genuine, pushed me when I needed a push, and patiently waded through my
"venting" at the end. Your assessments were honest and on-target, and I
appreciate it." "I really appreciate all your help with this matter. Instead of
me mucking around and slowly coming up to speed on the issues, with your
help, I was able to get a quick and very helpful understanding of the
matter and what would be good to do. Again, I really appreciate it." |
