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Your name becomes your
brand, and conveys the image and goodwill of your business.
All business materials (e.g., letterhead, Web site, marketing
materials) should reflect a consistent look.
Name Selection
Ideally, names should be:
- Distinctive;
- Easy to recognize;
- Appealing to your target customer;
- Broad enough to allow expansion of offerings; and
- Convey the image (goodwill) of your company
Naming your product or service is a complicated multi-step
process:
1. Selecting a name
2. Determining that the name is available
3. Protecting the name
Naming Strategies
Selecting a name is a creative process and brainstorming
can help. Brainstorming can be done formally and informally.
A formal brainstorming session involves inviting a group
of people with different perspectives to a meeting.
At the meeting, use a white/black board:
- List the attributes of the product or service
- Compare/contrast with competitor offerings
- Ask each participant to propose names and record them
on the board without discussion or criticism
- Encourage symbols and metaphors
When the group runs out of ideas, begin a ranking process
and see if you can arrive at 4-6 reasonable names.
Informal brainstorming can be done ad hoc with friends,
family, customers or people at the mall, just to test their
reaction to different names. Give people a couple of choices
and get their reaction. It may stimulate more ideas and
discussion.
Descriptive VS Arbitrary Names
Descriptive names suggest what the product does (e.g., dBASE,
Visicalc).
Arbitrary names have no dictionary meaning that relates
to the product or service (e.g., XEROX, KODAK, APPLE, PEPSI.)
Generally, descriptive names are considered weaker and less
distinctive and may be difficult to protect.
Confirming the Name is Available
Before you invest in marketing and promotional materials
using your name, it's important to confirm that the name
is available.
Once you've picked a name, or a couple of possible names,
it's time to run a search at the local and federal levels.
1. Is the Domain Name Available? You'll want to see if
the Internet domain name is available. This can be done
online with Network Solutions.
2. Check local jurisdiction? In Massachusetts, you can
call the Department of Corporations and find out if anyone
has incorporated using the name and you can check to see
if there's a trademark/service mark recorded.
3. Nationwide & International availability? If your business
will operate nationwide or worldwide, you will want to
search at the federal and international levels.
These searches do not guarantee that the name is not in
use, but they are a good indication of availability.
Protection Your Name
To protect your name:
1. Reserve the domain name.
Contact Network Solutions (www.networksolutions.com). The
cost is $70 for two years.
2. Register the Trade/Service Mark.
Registration can be done at the state or federal level.
Registration is for 10 years and is renewable.
While registration is not required to establish rights,
there are significant benefits to registration. The owner
of the registered trademark (for products) or service mark
(for services) is PRESUMED to be the owner and entitled
to use the mark.
Jean D. Sifleet
Attorney & CPA
P.S. In the next eNews, we'll talk more about other steps
you can take to protect against copycats.
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