After you figure out your branding, you need to pick a company name that evokes that brand. Picking a good company name at the outset will maximize the value of your company name and will prevent a whole host of problems. Selecting and clearing good company names can be a frustrating and time consuming process, but the rewards for selecting a great name are well worth the effort. The good news is, once you get it figured out the process is the same for any trademark, not just company names. The more distinctive a trademark is, the more valuable it [...] Read More

WARNING: Distinctiveness is the hardest concept to understand in all of trademark law. It is counter-intuitive and complex. Unfortunately, understanding it is the key to coming up with a good trademark. We’ve tried to make it as painless as possible, but it’s still terrible. In order to receive any sort of protection, trademarks must be “distinctive”. “Distinctiveness” is a stupid legal term. So, the first step to understanding the concept is to rename it. Let’s call it “non-descriptiveness” from now on (just remember to use the term “distinctiveness” at cocktail parties so you don’t look like a heel). The more [...] Read More

There are three general categories of trademarks. “Word marks” consist solely of letters or numbers and do not contain any other information. “Stylized marks” consist of a design of some sort including logos, words in specific fonts, or combinations of each. There also a wide range of “non-traditional marks” including trade dress (product packaging), sounds, colors, scents, motion, and feel. Your most important trademark is your word mark. When someone other than you mentions your business, this is how they will mention it. The most valuable and reliable expressions of goodwill (third party mentions like word of mouth, media reports) [...] Read More

There can be no doubt that brands are valuable. The contribution of branding to company value by the top brands is measured in the hundreds of billions of dollars. Your company's success or failure depends on your brand. Although "brand" and "trademark" are often used interchangeably, there is a difference. A brand is what a company, product, or service is in the minds of consumers. A brand is not a trademark or what a business does, but who it is and why it exists. Branding, therefore, is the process of articulating the characteristics, values, and attributes of a company, product, [...] Read More