When Brands Go Bad
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If you invest in creativity, you’ll end up with a much stronger brand and greater ability to distinguish yourself in online search results.
For example, you might not want to name your product after a term that is associated with a global disease. [Sorry, if I dashed your hopes of naming your new widget EBOLA.] Tata Motors, the largest automobile company in India, announced early this year plans to launch a new car called ZICA. They reportedly chose the name ZICA as a short form for the phrase “zippy car.” They failed to associate ZICA with the global spread of the Zika virus. Despite the investment already made in commercials featuring prominent professional sports figures, Tata Motors scrambled to change gears and renamed the car.
1.Conduct a Trademark Clearance Search
Start with a trademark clearance search to make sure that your brand is not already taken. You can conduct the first wave yourself through Google or other online search. If the mark looks clear, an experienced trademark attorney can assist you with a more thorough search, including sources from federal registrations, state trademark registrations, trade publications, online resources, and other databases. Prior use of a similar mark for related goods or services – even if not registered – can create superior rights to a mark and present a risk of infringement to your company.
2.Ensure Availability as a Domain Name& Business Name
You should also confirm whether the mark you want to use is available as a domain name and business name. In this regard, make sure you are notably different than other URL’s or business names in your state. Be aware that business names and domain names can be registered with even one character differences. If you have a business name registered and the URL, you could still be infringing another person’s registered trademark. They are different animals. The fact that a name can be registered, however, is not a confirmation that it should be used. Most state business filing offices and domain name registries to NOT perform a trademark search or make any determination of whether a trademark is appropriate. Therefore, for best clearance results, you have to look at both. You also don’t want to spend money on a trademark registration only to find out that some yahoo has the domain you want and is suddenly willing to sell it for $50,000.
3.Pass the Smell Test
Finally, make sure your mark doesn’t stink because it has another unfortunate meaning or connotation you don’t want associated with your brand. Translate your name into other common languages, and make sure your mark is not going to be associated with something negative in your current market and your likely expansion market.
For example, you might not want to name your product after a term that is associated with a global disease. [Sorry, if I dashed your hopes of naming your new widget EBOLA.] Tata Motors, the largest automobile company in India, announced early this year plans to launch a new car called ZICA. They reportedly chose the name ZICA as a short form for the phrase “zippy car.” They failed to associate ZICA with the global spread of the Zika virus. Despite the investment already made in commercials featuring prominent professional sports figures, Tata Motors scrambled to change gears and renamed the car.
1.Conduct a Trademark Clearance Search
Start with a trademark clearance search to make sure that your brand is not already taken. You can conduct the first wave yourself through Google or other online search. If the mark looks clear, an experienced trademark attorney can assist you with a more thorough search, including sources from federal registrations, state trademark registrations, trade publications, online resources, and other databases. Prior use of a similar mark for related goods or services – even if not registered – can create superior rights to a mark and present a risk of infringement to your company.
2.Ensure Availability as a Domain Name& Business Name
You should also confirm whether the mark you want to use is available as a domain name and business name. In this regard, make sure you are notably different than other URL’s or business names in your state. Be aware that business names and domain names can be registered with even one character differences. If you have a business name registered and the URL, you could still be infringing another person’s registered trademark. They are different animals. The fact that a name can be registered, however, is not a confirmation that it should be used. Most state business filing offices and domain name registries to NOT perform a trademark search or make any determination of whether a trademark is appropriate. Therefore, for best clearance results, you have to look at both. You also don’t want to spend money on a trademark registration only to find out that some yahoo has the domain you want and is suddenly willing to sell it for $50,000.
3.Pass the Smell Test
Finally, make sure your mark doesn’t stink because it has another unfortunate meaning or connotation you don’t want associated with your brand. Translate your name into other common languages, and make sure your mark is not going to be associated with something negative in your current market and your likely expansion market.
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