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I often tell my clients that their most important asset is their name. Why? Because more often than not, its not a product or service they are selling, but their name. A client with a great product or service, can be served well by a great name. So what's in a great name? A great name should be catchy and memorable, should create interest in the product or service, and most importantly be registerable as a trademark or service mark - that is capable of registration on the principal register maintained by the United States Patent and Trademark Office ("USPTO"). For simplicity sake, this article uses the word "trademark" to refer to both trademarks and service marks.
A trademark is a name, slogan, and/or design that tells the consumer the origin of a company's products (services) and distinguishes the company's goods (services) from those of a competitor. A common problem in selecting a trademark is the temptation to use a descriptive or generic name - a mark that directly conveys a characteristic of the goods. This has become even more common place in recent years with the growth and popularity of the internet. Unfortunately, generic terms can never function as a trademark, absent proof of a secondary meaning. Descriptive names face similar difficulties.
On the other hand, arbitrary and coined marks are inherently distinctive and do not require proof of a secondary meaning to obtain federal registration. An arbitrary mark is one that has absolutely no connection with the goods, such as AMAZON bookstore or GATEWAY computer. A coined mark is one that has been invented to function solely as a trademark, such as VERIZON yellow pages, CLOROX bleach, or KODAK film. Suggestive marks, albeit inherently distinctive, often can be construed to be suggestive and descriptive, since they merely suggest a quality or ingredient of the goods. Examples of some suggestive marks include: AT A GLANCE for calendars and COPPERTONE for sun tan oil.
So how do you select a name for your goods or services? Stay away from genic, descriptive, and non- inherently distinctive marks. Also, while coined marks can be strong marks, often more time, effort, and money is necessary to promote a coined mark (e.g. brand your product or service). Likewise, suggestive marks can also be strong, but the registrant must first convince the USPTO that the mark is suggestive and not descriptive. Therefore, the best marks border between suggestive and arbitrary or coined.
So how do you come up with the best name? First, focus on your product (service) and its intended (targeted) consumer. Describe your product (service) simply, look at your description, and then write down all of the words that come to mind. For example, when naming a computer, you might note qualities of fast, reliable, sleek, and efficient. Then ask your friends, employees, and co-workers to brainstorm and scan through resource material and select other terms that you feel may be adaptable to a trade name. The longer the list, the more words you will have to creatively play with. Also, if not to costly, consider hiring a professional naming company. Second, play with the words by combining them, shortening them, changing certain letters, using alliteration, rhyme, and vowel harmony to come up with 20 to 50 potential names. Third, narrow your list to the top best 10 names by asking various questions (Is it easily pronounced? How will it sound on the radio, tv, or telephone? Will people be able to spell it after hearing it only once? Will you outgrow it? Will it become passe? Is it to trendy? Is it too generic? Is it to descriptive?). Forth, narrow the top 10 names to 5 by testing each name. This can be done by either enlisting a market research company, or if too costly, using your friends, family, and co-workers. Fifth, be prepared to go with any name on that top 5 list. Finally, have a trademark search performed to ensure that no one is already using the same or similar names selected.
In sum, try a come up with an inherently distinctive name, while keeping your targeted customer base in mind. Then have a trademark search conducted on the proposed selected name, and consult an attorney for help performing a search and registering your proposed mark.
If you have any questions, or would like the assistance of trademark lawyer, Melissa C. Marsh, please call 818-849-5206 or Email: Melissa C. Marsh.
California trademark lawyer, Melissa C. Marsh, is based in Sherman Oaks and West Hollywood, and serves individuals and businesses throughout Los Angeles County, including: West Hollywood, Miracle Mile, Beverly Hills, Century City, Santa Monica, Burbank, North Hollywood, Valley Village, Toluca Lake, Studio City, Sherman Oaks, Van Nuys, Encino, and Woodland Hills.
© 2000 Melissa C. Marsh. All Rights Reserved.
Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.
Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.