Why trademark your business name? The advantages are . . .

By Launch Wizards | November 25, 2008

Need business name ideas?

Please read the entire Launch Wizards interview with Phil Davis starting with our September 11, 2008 post.

Want a free evaluation of your prospective business name?

Just click on the “Ask your Business Startup question” link (in the upper left at the top of this page) and be sure to include a description of your business.

BUSINESS STARTUP: ADVANTAGES OF TRADEMARKING YOUR BUSINESS NAME

More of the Launch Wizards Interview of Joy Butler of the Law Office of Joy R. Butler (please see November 21, 2008 for the first post of this interview)

Launch Wizards: You mentioned that a company does not have to register with the U.S. Patent and Trademark Office (PTO) to have protected trademark rights in their business name.

So how does a company acquire trademark rights to their business name?

Joy Butler: The way in which a business owner or a company develops rights in a name, logo, or phrase is to commercially use that name, logo, or phrase.

LW: That sounds easy enough.

Are there any advantages, then, of going through the time and expense to register with the PTO?

JB: Registering does give the trademark owner a number of additional benefits, including more powers to enforce rights in the trademark.

Once a trademark is approved, the trademark owner then has a monopoly over that word, name, logo, or phrase. Therefore, no one else can use those words or that logo in that particular way to describe the same or similar type of goods or services.

Furthermore, when you register your trademark with the PTO, you do get nationwide exclusivity for your trademark. Without federal registration, you would only have trademark rights in those states in which you use the trademark.

For example, if you are only doing business in New York and Connecticut, then you would only have trademark rights in those two states. But once you register your trademark with the PTO, you then have nationwide exclusivity for your trademark against all uses of that name, logo, or phrase that come after yours.

LW: Using your example, even if you are only doing business in New York and Connecticut, if you have a website, isn’t that in effect a nationwide, perhaps even worldwide, assertion of your trademark?

JB: You are right.

When you begin using your name on the Internet in a way that qualifies for trademark rights, in that case, yes, you can claim to be using your trademark nationwide, as you said, even potentially globally, although I’m focusing our discussion on just the U.S.

LW: Given the benefits of registering, can you tell us more about the application process?

JB: Yes. The application process has changed. These days you can actually . . .

(Look for how to file for a trademark in our next post - the Launch Wizards)

PSSSTTT!!! Did you notice the “Ask A Question” links we’ve just put up (they’re in the upper left corner of this page)??? So please ask us a question on either Business Startups or Small Businesses, our Wizards are eager to get to work on helping you start or run your small business.

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Startups: use this database to research business names

By Launch Wizards | November 21, 2008

Need business name ideas?

Please read the entire Launch Wizards interview with Phil Davis starting with our September 11, 2008 post.

Want a free evaluation of your business name?

Just click on the “Ask your Business Startup question” link (in the upper left at the top of this page) and be sure to include a description of your business.

BUSINESS STARTUP: NAMING A BUSINESS

The Launch Wizards Interview Joy Butler of the Law Office of Joy R. Butler*

Launch Wizards: It’s a great pleasure to have you with the Launch Wizards, Joy.

We’ve been speaking with Phil Davis of Tungsten Branding about how to create the best business names from a marketing and branding perspective.

We’d like to talk with you about business names from the perspective of trademark law and how to create business names that can be registered as trademarks.

In the process of generating business name ideas, are there ways for entrepreneurs to research business names, especially online tools and databases?

Joy Butler: Yes there are.

Entrepreneurs can research existing business names by conducting a trademark search and the best way to do that is to retain a professional search bureau.

The search bureau will conduct the search and generate a report. That report should then be reviewed by a trademark attorney who can advise an entrepreneur whether there are any potential conflicts with existing trademarks.

In addition to researching potential business names, it is important to select a business name that does not conflict with any pre-existing trademarks, so entrepreneurs can hopefully avoid costly future trademark litigation.

LW: What exactly is involved in a trademark search?

JB: During a comprehensive trademark search, the search bureau will check federal and state records for any registered marks or pending applications.

The search bureau will also check directories, databases, and other resources to see if there are any similar uses to the proposed name or trademark.

LW: Are there ways to reduce costs by having business owners do some of the search work on their own?

JB: Yes. Business owners can do a preliminary search themselves. They can also do the search themselves - although I don’t recommend that approach.

LW: Where would they begin?

JB: One very good resource is offered free by the U.S. Patent and Trademark Office (PTO). It’s available on their website, www.uspto.gov, and it’s their searchable database of all registered trademarks and all the applications for registration of trademarks, including pending applications and dead applications.

LW: So a business owner will be able to do a search and know if a business name is already in use and has been trademarked?

JB: Not exactly. The entrepreneur would find registered trademarks in the PTO database. But just because a name is not registered with the PTO doesn’t mean there are no trademark rights in that name.

LW: Can you explain that?

JB: The way in which a business owner or a company develops rights in a name, logo, or phrase is to . . .

(Look for Joy Butler’s answer on how to develop trademark rights in your business name in our next post - the Launch Wizards)

*Joy R. Butler is a transactional attorney who negotiates business contracts, handles intellectual property law matters, and structures deals on behalf of clients. She blogs about media and intellectual property law issues and about business law issues.

PSSSTTT!!! Did you notice the “Ask A Question” links we’ve just put up (they’re in the upper left corner of this page)??? So please ask us a question on either Business Startups or Small Businesses, our Wizards are eager to get to work on helping you start or run your small business.

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Insider’s Tip on capturing domain names

By Launch Wizards | November 18, 2008

Need business name ideas?

Please read the entire Launch Wizards interview with Phil Davis starting with our September 11, 2008 post.

Want a free evaluation of your business name?

Just click on the “Ask your Business Startup question” link (in the upper left at the top of this page) and be sure to include a description of your business.

BUSINESS STARTUP: NAMING A BUSINESS AND CAPTURING A DOMAIN NAME

More of the Launch Wizards Interview of Phil Davis of Tungsten Branding (please see September 11, 2008 for the first post of this interview)

Launch Wizards: Phil, to wrap-up our discussion on naming a business and branding, we would like you to give a special, insider’s tip that’s available exclusively to our email subscribers. Do you have some special, insider information you can share with our subscribers?

Phil Davis: I do have a few tips for entrepreneurs and small business owners. It’s how I go about acquiring good domain names.

There are three different websites I use for capturing domain names and I’ll also share my techniques with your subscribers.

The first site I go to is . . .

NOTE FROM THE LAUNCH WIZARDS: Please register your email with us and we’ll send you Phil Davis’ insider tips on capturing domain names.

(Look for our interview on trademarks and trademark searches with attorney, Joy Butler, in our next post - the Launch Wizards)

PSSSTTT!!! Did you notice the “Ask A Question” links we’ve just put up (they’re in the upper left corner of this page)??? So please ask us a question on either Business Startups or Small Businesses, our Wizards are eager to get to work on helping you start or run your small business.

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How to get your domain name to match your business name

By Launch Wizards | November 10, 2008

Need business name ideas?

Please read the entire Launch Wizards interview with Phil Davis starting with our September 11, 2008 post.

Want a free evaluation of your business name?

Just click on the “Ask your Business Startup question” link (in the upper left at the top of this page) and be sure to include a description of your business.

BUSINESS STARTUP: NAMING A BUSINESS

More of the Launch Wizards Interview of Phil Davis of Tungsten Branding (please see September 11, 2008 for the first post of this interview)

Launch Wizards: Phil, we were discussing how hard it is to get domain names these days. And most of the best business names which are metaphor names, like Apple and Jaguar, are already taken. How can an entrepreneur get a matching business and domain name?

Phil Davis: Positive connotations names are frequently the best way to go, especially if you really want an exact match between your business name and your domain name.

LW: Exactly how do you create a positive connotation business name?

PD: The way you create a positive connotation business name is you take two words that have positive connotations or qualities and that are also representative of your industry. Then you put them together to form a new word that you can use as your business name and probably acquire the domain name for.

For example, at Tungsten, we created the name CogHead for a business that offers point and click programming.

We started with recognizing that the developers and programmers were the core asset of this company. Essentially they are thinking people, which gave us the “head” part of the name. We then came up with the idea of wheels turning in the brain to represent their thinking processes, which gave us the “cog” part of the name. Putting those two words together gave us the new word, CogHead.

LW: That’s great. Give us another example.

PD: Well, we also created One Lilly to represent the idea of singular beauty for a company that creates beautiful web designs.

That company now shows the image of one beautiful flower, a lilly, on all of its web pages.

So you can see how positive connotation words provide a great source of available domain names, although you do have to work to come up with the right words.

For the same business owner, we also created “Bay Blossom” for another one of her businesses.

Bay Blossom sounds good, it has alliteration with the two b’s. But it’s kind of a trick because there’s no such thing as a Bay Blossom. But we created one for her soap and candle company.

LW: It seems like this technique would also speak well for actually coming up with your own word such as you were discussing earlier with made-up names like Pixar and Xerox.

PD: A lot of owners do go with their own made-up word. But, as of the last 2-3 years, even those words have really dried up because people have figured out the formula to creating these words: take a speech pattern or a speech part, and if it’s less than 6 or 7 letters, then buy the domain name and sit on it.

I can’t tell you the hours I’ve spent typing in goofy ocity-endings and ion- iam- and iums-endings and all the other typical ways we end words, and as goofy as the made-up word was, I would find out that the domain name was already taken, in many cases 5 or 10 years ago.

So positive connotation words are more readily available than the invented words, as crazy as that seems.

LW: Do you have another example of a positive connotation name?

PD: We created the name Green Peg by using two very common words, green and peg.

We created this name for a customer relationship management company and they wanted their name to represent their core service which is advancing customer relationship solutions.

Which gave us the idea of a peg board where the pegs would advance. Like in cribbage. We paired the “peg” word with “green”, which represents “go.”

So these days it’s actually easier to find and create positive connotation names. Plus they actually mean something. They can be used to tell a story, as opposed to using a made-up name, which has no meaning. That story then can be used for branding your business.

LW: So made-up names are falling out of favor a bit?

PD: Yes. Right now, they’re tough to get the domain name. And then they mean nothing. It used to be they meant nothing but they were easy to get. But now that they mean nothing and they’re hard to get, this makes them out of favor right now.

(Look for more tips from Phil Davis on getting domain names in our next post - the Launch Wizards)

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Tricks to get the domain name you want

By Launch Wizards | November 5, 2008

Need business name ideas?

Please read the entire Launch Wizards interview with Phil Davis starting with our September 11, 2008 post.

Want a free evaluation of your business name?

Just click on the “Ask your Business Startup question” link (in the upper left at the top of this page) and be sure to include a description of your business.

BUSINESS STARTUP: NAMING A BUSINESS

More of the Launch Wizards Interview of Phil Davis of Tungsten Branding (please see September 11, 2008 for the first post of this interview).

Launch Wizards: Phil, we want to ask you about domain names.

We’ve talked a lot about naming and branding. Another complication in the business-naming process is that not only do entrepreneurs have to come up with a great business name and branding position, but then they also have to acquire the domain name.

It seems like all the good domain names are already taken. Even if an entrepreneur comes up with a good metaphor, like an Apple or a Jaguar, the domain name is already taken.

How can an entrepreneur nail down a good domain name these days?

Phil Davis: You’re right, that’s extremely problematic. Everyone’s facing that same issue and that’s why naming-firms such as ours are in business.

I can’t tell you the number of times business owners call me out of frustration and say, “It was much harder than we thought to develop our business name. But when we finally settled on a great name we loved, the domain was already taken. And all our hard work is now down the drain.”

LW: What solutions do you recommend?

PD: If you’re going to use a metaphor, which is at the top of the hierarchy of business names, what you can do, in the case where the domain is already taken, is to pair it with an industry descriptive word. Unfortunately, a lot of those are even largely gone now.

But what you can do is not use the most obvious metaphors. Go with something a little more removed and then pair it with an industry word.

LW: Can you give us an example?

PD: At Tungsten, we had a client in the industrial maintenance industry, a commercial building maintenance company. Essentially they clean up buildings. We named them Spruce.

Their previous name was Regency. That was a terrible name for them, it sounded like an old bijou downtown, like an old movie theatre.

Their new name, Spruce, is a double-entendre. It has two meanings, as Spruce, as a noun, it’s an evergreen, and it’s also a verb, meaning you clean or spruce things up.

While the domain name, spruce.com was taken, we acquired SpruceUSA.com because the owners were sure they were never going to be anything more than a national company.

LW: So adding “usa” is a great trick for national businesses.

PD: Yes. Even in some cases where a company might go international. Let me give you an example.

For PODS, we originally acquired podsusa.com. Then, when the company got big enough, they were able to make an offer to the owner of pods.com and they were able to buy the primary domain name.

Sometimes you have to start wherever you can. But you do have to be careful on the geographic additions because you might grow outside of it.

LW: So what if an entrepreneur has international plans? What can you do besides adding “USA” to the domain name?

PD: Another solution is one we employed for a beautiful hardscape/landscape company. They make these outcroppings that look more natural than the real thing. We named them Rosetta, after the hieroglyphic stone.

Naturally, rosetta.com was taken. But what we did was pair Rosetta with an imperative verb. What we chose was DiscoverRosetta.com.

If you’re imaginative, you can think of solutions to work around the already taken domain name.

LW: We noticed that you did that with your own domain name which is puretungsten.com

PD: Exactly. I loved the tungsten metaphor for our branding business because that’s the filament in a light bulb.

So what I used was an intensifier and added the word “pure.”

Adding intensifiers, imperatives, or geographics to your name can solve the domain name problem.

In an ideal world, metaphors are the highest name form, but today they are hard to get.

Yet if you combine an English word with a metaphor, then you’re at the top of the food chain.

Another really good way to go, and it’s not as hard, is with . . .

(Look for another trick in acquiring a good domain name in our next post - the Launch Wizards)

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Branding your business - copy Walmart not Kmart

By Launch Wizards | November 3, 2008

Need business name ideas?

Please read the entire Launch Wizards interview with Phil Davis starting with our September 11, 2008 post.

Want a free evaluation of your business name?

Just click on the “Ask your Business Startup question” link (in the upper left at the top of this page) and be sure to include a description of your business.

BUSINESS STARTUP: NAMING A BUSINESS

More of the Launch Wizards Interview of Phil Davis of Tungsten Branding (please see September 11, 2008 for the first post of this interview)

Launch Wizards: You mentioned that a business can be diminished by trying to stake out too many positions, like trying to be the low-cost, best service, best quality provider. What’s a better way to brand and position a business?

Phil Davis: Let’s start by looking at the big-box stores. On price, quality, and service, where is Walmart, the #1 retailer?

LW: Price.

PD: Yes, price. Everyone knows that and has no problem with that.

When you ask people where Target is, most people would say, “Well, they’re a little bit better, they’re more quality, they’re on a higher scale.”

LW: Agreed.

PD: Then I’ll ask, “Where is Kmart?”

And I’ll usually get silence.

LW: They’re nowhere.

PD: Exactly. They’re nowhere. They’re trying to be blue-light special, which competes on price. They’re also trying to be Martha Stewart, which competes on quality and service.

But most people don’t know where to put them.

Kmart doesn’t know what to do with itself or who to be. They’ve constantly struggled and they keep trying new things.

But Walmart says, “We’re low-cost and we don’t have a problem being that.”

Ironically, here’s a company, Walmart, that’s one of the most profitable, biggest businesses in the world and their whole positioning is around, “We’re the cheapest. Always.”

LW: They make it seem like a virtue. But years ago, who would have thought that would work when most things were going upscale?

PD: It worked because they carved out a position and they put everything in place to own that position. They started the business that way and they’ve stayed true to that position no matter what the economic climate was.

And that’s what branding is all about: owing a position in a customer’s mind.

LW: Phil, we also want to ask you about domain names.

We’ve talked a lot about naming and branding with you. Another complication in the business naming process is that not only do entrepreneurs have to come up with a great business name and branding position, but they also have to acquire the domain name.

it seems like all the good domain names are already taken. Even if an entrepreneur comes up with a good metaphor, like an Apple or a Jaguar, the domain name is already taken. How can an entrepreneur nail down a good domain name these days?

PD: That’s right. But there is a good solution . . .

(Look for how to acquire a domain name from Phil Davis in our next post - the Launch Wizards)

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Rolex 50% Off: why that’s not a good position for your business

By Launch Wizards | October 26, 2008

Need business name ideas?

Please read the entire Launch Wizards interview with Phil Davis starting with our September 11, 2008 post.

Want a free evaluation of your business name?

Just click on the “Ask your Business Startup question” link (in the upper left at the top of this page) and be sure to include a description of your business.

BUSINESS STARTUP: NAMING A BUSINESS

More of the Launch Wizards Interview of Phil Davis of Tungsten Branding (please see September 11, 2008 for the first post of this interview)

Launch Wizards: How do you drill down to discover what the core competency should be for your business, that is, should it be price, service, quality, speed, etc.?

Phil Davis: Well, one of the best techniques to do this is, I give entrepreneurs and business owners what I call Sophie’s Choice questions.

In the movie, Sophie’s Choice, which was based on a World War II story, Meryl Streep had to make a very painful decision in about three seconds whether they took her boy from her or her girl, or if she didn’t choose one, then they would take both.

So when I say ask Sophie’s Choice questions, I mean asking questions where you don’t give yourself an out.

LW: Can you give us an example of a question like that?

PD: A real good one to start with is “is your product known for price, quality, or service?” and you can only pick one attribute.

What emerges is this struggle that’s been there all along, which is that most businesses try to be all things to all people.

Most business owners will say, “I don’t want to pick one of those, I want to be all three. And we are all three. Let me tell you how good we are, let me tell you how cheap we are, and let me tell you how great our service is . . .”

And my response to that is, “so what you’re telling me then is you’re a discount, overnight, Rolex store. You sell Rolex’s for half price, your service is unmatched, and you deliver them overnight.

Then they usually get it.

LW: And if they don’t?

PD: But if they still press on, I show them it will never work trying to deliver price, service, and quality all at once.

Because what would happen if you had the cheapest price of anybody in the area, and the best service, and the best product? What would happen is that you would quickly sell out. And then you wouldn’t have the best service because there would be a waiting list, like there is for a Harley-Davidson.

Harley-Davidson doesn’t have the best service, you have to wait sometimes for two years to get a bike. So you wouldn’t say that the best thing about a Harley is that you can run down to your local Harley dealership and grab a bike and ride away.

LW: Does that hurt Harley’s business?

PD: No, it doesn’t diminish Harley-Davidson at all. In fact, it enhances them.

A lot of business owners don’t understand this concept. They mistakenly think that being good at business is being good at every facet and delivering price, quality, and service to their customers.

Unfortunately, it’s just the opposite when you try to do too many things.

It’s much better to . . .

(Look for the better way to position your business in our next post - the Launch Wizards)

Don’t miss any posts! Register your email address or subscribe to our RSS feed! If you register your email address, you’ll also receive special tips, information, and resources created exclusively for our email subscribers.

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“Just Brakes. NOT.” Or what NOT to name your business.

By Launch Wizards | October 22, 2008

Need business name ideas?

Please read the entire Launch Wizards interview with Phil Davis starting with our September 11, 2008 post.

Want a free evaluation of your business name?

Just click on the “Ask your Business Startup question” link (in the upper left at the top of this page) and be sure to include a description of your business.

BUSINESS STARTUP: NAMING A BUSINESS

More of the Launch Wizards Interview of Phil Davis of Tungsten Branding (please see September 11, 2008 for the first post of this interview)
Launch Wizards: When a client hires Tungsten Branding, what’s the first thing you do when you’re tasked with naming a business?

Phil Davis: The first thing we do is take a step back from the immediate naming assignment.

In an effort to go to market, entrepreneurs often make quick decisions because they think “I just want to get to market, I just want to get the business going.” And, because they’re doers, they think they can fix problems later.

But what business owners really should do instead is step back, stop the action, and ask “what is it that I’m really selling?” and “what is it that I’m trying to accomplish with this business?”

By rushing to market with a product-driven business name, entrepreneurs might see initial success until they realize they’ve painted themselves into a corner and actually limited their future business.

LW: Can you give us an example of that?

PD: What comes to mind is a company called Just Brakes.

In many local markets, Just Brakes became the place to go for for brake installations.

Until they realized they also wanted to do shocks and struts and suspensions because they watched other auto repair shops expanding their repair services.

Just Brakes then had to start running costly ad campaigns saying “Just Brakes, we’re more than just brakes.”

LW: LOL. Or how about “Just Brakes. NOT.”

PD: Yeah, we can laugh about it. But they painted themselves into the corner of being great at brakes. They failed to step back and think about how the market and their business could change over time and how a name like Just Brakes would narrow their future potential.

Unfortunately there are so many companies that fall into that same trap.

Burlington Coat Factory often runs a disclaimer that they’re “not affiliated with Burlington Industries.” And if that weren’t bad enough, they also have to spend their marketing budget on ads to convince people that a) they’re not just a factory and b) they sell more than just coats.

LW: So let’s go back to what your team does initially and how you figure out what is a good position for a business name?

PD: We work with clients to help them look at the bigger picture, to think about what they ultimately want for their business and help them nail down what their delivering to their customers.

We start the conversation by saying, “what you’re selling is probably not the product. What you’re really providing is the benefit of the product or service. Even if today, right now, you’re delivering that benefit through a specific set of products and services. Because you will probably be delivering that same benefit in a different way 2, 3, 4, or 5 years from now.”

The principle behind this is: don’t name your business by your delivery method.

What’s better is to try to create an association through your business name where you can continue to provide that benefit when the market changes or even if you decide to change products or services.

LW: Is there an example of a company that did that?

PD: We all know Midas is the golden touch. So Midas Muffler was a great name because as they began to get away from mufflers, and start doing brakes and many kinds of auto repair jobs, the company name was flexible enough to allow them to drop the muffler part of the name, and now they’re just Midas.

What was critical was that the company didn’t start with a business name like Just Mufflers or Muffler Central. They added a positive connotation word, Midas, to the name. That evolved into “The Midas Touch” which conveys, “we can fix your muffler or anything else on your car.” So that was a name that was able to grow and evolve as the market changed.

LW: Tell us more about the questions you help business owners focus on?

PD: They would be questions like . . . “who are you as a business?” As opposed to “what you are doing as a business?”

Another is . . . “What is the core benefit you’re really delivering?”

For example, no one buys a car because they want 3,000 pounds of metal sitting in their driveway. People either want status, they want safety, they want transportation, or mobility.

The trick is to know that there’s something in your product that customers want. As a business owner, it’s critical to figure out what that benefit is that you’re providing so that you can connect with potential customers on the highest level, not on the lowest functional product level. And the higher you can get on this hierarchy of naming, the more you will become a brand and not a commodity.

LW: What are some of your techniques to uncover these answers?

PD: One of the best . . .

(Look for one of the best techniques from Phil Davis in our next post - the Launch Wizards)

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Want completely free business checking and a 0% card?

By Launch Wizards | October 14, 2008

BUSINESS FINANCE

Capital One Bank has one of the best free Business Checking account offers we’ve seen recently, with “completely free small business checking.”

According to their ad in last Sunday’s New York Times, Capital One Bank is offering:

Never pay a monthly service fee. Ever.
No minimum balance required.
No fees for online banking. It’s free.
Also get a business credit card with 0% intro APR* on purchases.

Call 888-755-BANK or check online www.capitalonebank.com

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eBay or Amazon: Which online retailer should sellers sign with?

By Launch Wizards | October 12, 2008

BUSINESS STARTUPS: Online Selling

E-commerce entrepreneurs should read Brad Stone’s New York Times article, “Amid the Gloom, an E-Commerce War” (October 12, 2008) as one piece of the puzzle to make your decision:

What the Launch Wizards like about Amazon:

1. Amazon’s long-standing commitment to “protecting the consumer experience first.” Amazon put into practice this corporate principle early on, “returning money to customers when transactions went awry.”

While this practice can create tension between buyers and sellers, according to CEO Jeffrey Bezos, “if there are no [customers] . . . nothing else matters.”

While there are many stories floating in the ether about being burned on eBay, we can’t recall any about being burned on Amazon. Amazon also goes to greater lengths to vet its sellers, again “protecting the consumer experience first.”

2. Amazon’s “Fulfillment by Amazon” program which “allows retailers to store their inventory in Amazon’s warehouses.”

When a customer purchases an item, “Amazon ships it out of its warehouse in an Amazon box.” Allowing online sellers to avoid inventory costs is huge, and the more successful a seller, the bigger the savings. Especially now!