Many aspiring entrepreneurs anticipate tiny details, but overlook the obvious ones, such as the name of their company. For some reason it ranks last on the list, just below turning the lights on, since naming a company shouldn t be that hard.
Or so it would seem.
By the time I deal with business owners in this position, they are usually desperate. I can t believe we can t find/agree/decide on a new name! And so now the task has all the urgency of a bad toothache. We need a name is tomorrow a reasonable deadline?
You, however, being much wiser than the masses, can easily avoid this trap by following a
...the trial. A patent owner is entitled to the relief of damages as compensation to the patentee and not punishment to the infringer. The patent owner may also opt for the account of profits where he has to prove use ...
1. Start the naming process early in the planning stage.
Besides avoiding last minute panic, going through the naming process early will help you to hone, define and clarify your true business strategy. By asking the all-important questions Who are we and why are we different? you will gain a better sense of what you plan to offer your customers. Put another way, Why should a customer buy from us? This requires some soul searching which is why most business owners avoid it. In a rush to get to market they believe they can be all things to all people, and fear that by defining who they are, they will pigeonhole themselves. It
...missing large chunks of information that are necessary to any comprehensive name search. Comprehensive searches always cost more than preliminary searches because of the depth and breadth of the thousands of databases that must be searched, at a cost of ...
2. Make a list of all the competitors in your field
You can do this easily by going to a directory such as Yahoo! and locating the category of companies in your industry. Most industries tend to follow a predominant naming pattern. For
...Site Your Secretary of State to see if they have a searchable database of names. You can find a listing of all states [http://biztaxlaw.about.com/od/research/a/Sec_of_state.htm]here Major search engines put your product name in quotes to find exact matches; use keywords with ...
3. Decide who will have input
...of brand recognition and trademarks are used to protect them. A trademark is a powerful thing when it comes to the law. If you obtain a trademark, it is binding nationwide and others are not allowed to infringe upon it ...
Usually, the more people you have involved, the worse the results. That s because group think sets in, and only safe, ordinary and predictable names make it through the suffocating screening process. It s best to work with a small inner circle of no more than three to five key people who have the company s best interests at heart. Let this group be the incubator that spawns the ideas. You can always float a trial balloon by others later in the process. But in the early stages play it close and keep the creative juices running. There s usually a person in every organization who derives their sense of power by shooting down
...or location. Not only can you search in the United States, but in Canada and Europe as well. Examples of records you may be able to find include birth, death and marriage records, criminal records, sexual offender records, copyright and ...
4. Get down to brainstorming!
This is where the fun starts. First ask each person on the naming team to develop an individual list. That will spark unique ideas without the risk of bringing them up in a group setting. Once the individual lists are completed, bring them together and compare notes. Usually this generates even more ideas and possibilities. To stimulate the process, here are some proven naming strategies…
Metaphors (Jaguar, Caterpillar)
Positive Connotations (DreamWorks, Bright House)
Key Attributes (Sir Speedy, EconoLodge)
Positioning (Best
...might be used. If significant improvements are made to the way a process, such as yoga or physical exercise, is used, it may be granted a Utility Patent. Plant Patents protect new varieties of plants, which may be patently (sorry) ...
Evocative (Virgin, Song, Apple)
Literal (Bed, Bath … Beyond, Toys R Us)
Acronym (PODS, 3M, KFC)
Descriptive Hybrid (JetBlue, Circuit City, Travelocity)
Coined/Invented (Xerox, Kodak, Pixar)
This is certainly not an exhaustive list of naming conventions, and some names seem to defy classification, but it should suffice to start the wheels turning. In addition to the above list you can add additional elements to your naming strategy, such as alliteration (beginning with the same sound), double entendre (two meanings) and rhyming. To give you an example of how you can use all three consider a garage conversion company which we named
Park
...or location. Not only can you search in the United States, but in Canada and Europe as well. Examples of records you may be able to find include birth, death and marriage records, criminal records, sexual offender records, copyright and ...
Park Place is an example of a double entendre, since it has the figurative meaning of high-end real estate, and the literal meaning of a place to park. It also creates alliteration with the two P s. The tag line helps to further position the company while also creating a rhyme. By combining several naming strategies together, you can anchor your name in various parts of your customer s brain. That s because the brain stores rational and emotional thoughts in different areas. This way your name becomes extra sticky and therefore more memorable.
Need some extra tools to help? Try http://www.rhymer.com/naming.html if you simply get stuck.
...been given. It is important to type a relevant keyword, as this will affect the results of the search. It is advisable to try searching using different keywords. Typically, free patent search websites contain all documented information on US patents ...
5. Create a list of finalists
From all the possible names pare the list down to a manageable three to six candidates. Play around with each one and write up a list of possible tag lines or positioning statements that could go with each name. Instead of simply evaluating the name for how it looks, or sounds, also evaluate it s potential to provide a future marketing platform. A good example is a medical equipment company that we named TKO Surgical.
...the grounds that it was invalid. They argued that the patent disclosed additional matters that were not in the original application, namely that the original application concerned the use of Botulinium toxins to treat various disorders. By contrast, the patent ...
We re in your corner!
We ll fight for you!
We ll champion your cause!
We ll beat any price!
So instead of having a static name, TKO Surgical now had a dynamic brand that came with its own marketing lexicon.
6. Check the domain name status
This can often be the most difficult part — but it doesn t have to be. Unless you are entirely dependent on the internet you can often add a descriptor word onto your domain name that will make it work.
...$2.00 per click to $15.00 per click. Additionally, monthly spend has increased from $1,200 to nearly $30,000. I have to go back to my client with an estimated budget of $500,000 for the rest of this year to control the ...
...granted. Title 35 Part III information discussed within this section of the United States Code deals mainly with patent infringement and what rights are available to you as a patent holder. Title 35 Part IV can be used to find ...
7. Check the trademark status
The last thing you want to happen is to invest in a new name and then get tied up in a legal dispute. That s easily avoidable by doing a trademark screening. Take your top picks and do a search at http://www.uspto.gov. Just because someone has a trademark on the name doesn t mean you can t use it. They may be in a different industry or a different geographic area. But this will give you some idea of the popularity of the name. Once the names have passed this initial test, take the remaining candidates (usually two
...clearly different mark. Copyright is a form of protection that is granted to the authors of original works of authorship including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives ...
8. Pick the winner!
If you have more than one name that meets all the criteria then just pick the one you like best. At some point it simply comes down to making a decision. Don t be
...State trademark records OR Common-Law records! It is imperative to search Federal and State trademark records AND Common-Law records because it is the only way to ensure that your search was done in a comprehensive manner. Federal and State trademarks ...
That s the naming process in a nutshell. Taken in steps, and combined with advanced planning, the project can be accomplished in a matter of
...classification search tools, automated search aids, and photocopy facilities available to the public. For information on your nearest PTDL, you may visit the PTDL web site at [http://www.uspto.gov/go/ptdl]http://www.uspto.gov/go/ptdl. Another option is to use specialized software like Patent Hunter , a ...
In short, naming a company requires an element of creativity, knowledge, research and planning. By following this guideline, you can map out a successful strategy that avoids the common pitfalls, and produces great results. And that s really the name of the game!
Phillip Davis
...which could have averted these problems with early registration. If the company had registered it prior to the other user, the TMR would have denied the other s same or confusingly similar trademark. In addition, the company would always have ...














1 response so far ↓
Garage Conversions // Mar 11, 2008 at 1:36 pm
It is good practice when starting a new business to secure all the relevant names for that business. Even the differences in domains because it stops the competition copying your brand, I know this is classed as trading of but go for a name where you can at least the dot com names and whatever country you trade in. So if england would register the .co.uk.
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