What's In A Name? How To Choose And Protect The Perfect Brand Identity

The pursuing excerpt is from franchise maestro Mark Siebert's book The Multiplier Model. Buy it now.

One of nan first—and astir important—tasks you'll petition to spot erstwhile starting a franchise business is choosing your name. The punishment represents you to your customers, and arsenic such, it's not a determination that should beryllium made lightly.

That said, names don't make businesses. Businesses make names.

While a bully punishment premier whitethorn not beryllium nan origin of your success, a bad 1 tin undoubtedly lend to your demise, truthful support nan pursuing pointers successful mind.

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Don't beryllium excessively descriptive

From nan standpoint of obtaining a trademark (which will fto you to enforce your intelligence spot rights), nan overmuch descriptive a punishment is, nan harder it is to trademark.

The relationship "hamburgers"—while it appears prominently connected galore signs—is not taxable to trademark protection. Imagine nan magnitude of ineligible fees you'd cod if you were fighting complete nan relationship "hamburgers."

A descriptive punishment could too fastener your marque into a marketplace position that you whitethorn not want to ain astatine immoderate constituent successful nan future. Boston Chicken became Boston Market because nan institution wanted to beforehand different insubstantial items for illustration turkey and meatloaf. So choosing a descriptive punishment tin wounded you erstwhile it comes clip to expand.

If you perfectly petition to usage a descriptor to thief explicate your personification offering, usage it successful a tagline, which you whitethorn aliases whitethorn not beryllium capable to trademark.

Make judge that nan punishment is easy to spell, pronounce, and remember. Shorter names are easier to usage connected signage, allowing you to usage larger letters and make nan punishment overmuch visible.

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Communicate affirmative attributes and values

Even if you debar a descriptive name, 1 constituent you mightiness do is inquire yourself what attributes you want to pass astir your brand. You tin past incorporated a relationship aliases information of a relationship that helps convey that attribute.

FedEx, for example, which was primitively Federal Express, was focused connected nan marque spot of speed. PayPal focuses connected friendliness and easiness by adding nan "Pal" appendage.

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Logos

The process of processing a sanction and logo tin beryllium complex. It whitethorn spot steps like:

• Name derivation utilizing words aliases parts of words pinch circumstantial characteristics
• Testing names and logos pinch attraction groups
• Other devices utilized by consultants connected issues specified arsenic colour and design

When you first create your logo, don't liking astir spending a batch of money connected design. There are a number of online resources that tin designnice-looking logosfor a fraction of nan costs of a maestro creation firm.

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Make judge you tin trademark your name

Perhaps nan astir captious facet of choosing a punishment is being judge nan punishment you return tin beryllium trademarked earlier you put immoderate clip aliases effort successful promoting it. Burger King, for example, operates successful Australia nether nan punishment Hungry Jack's because of a akin trademark problem.

In nan U.S., a speedy hunt of nan Trademark Electronic Search System (TESS) connected nan U.S. Patent and Trademark Office (USPTO) website tin show you whether aliases not a punishment is trademarked.

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Caveats pinch trademarking

Even though you tin hunt TESS to spot if your punishment is available, this method is not without its flaws. If, for example, you searched "MacDowell's" arsenic a imaginable punishment for your hamburger restaurant, nan TESS hunt would recreation up empty—but nan USPTO mightiness still cull your trademark if it felt nan similarity to McDonald's mightiness confuse consumers.

On nan flip side, nan specified beingness of a competing punishment whitethorn not preclude you from getting a trademark either. Trademarks are registered based connected various classes successful nan USPTO's classification system. There are a afloat of 45 different classes—34 representing merchandise classes and 11 representing activity classes. So nan truth that you personification nan aforesaid punishment arsenic different trademark proprietor is not needfully a woody slayer if you're successful different classes. No 1 is apt to confuse an Ace Bandage pinch Ace Hardware.

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Trademarking is not ever worthy it

If you were operating arsenic "Joe's Pizza," and you felt you could trademark nan name, you should spot whether that punishment is much problem than it is worth. If you searched Google and recovered 10,000 different Joe's Pizza Parlors (or akin names), each those businesses would personification anterior authorities to nan name. So moreover if you could get nan trademark, you would personification 10,000 businesses "infringing" connected it—and legally, they would personification each correct to proceed to tally nether nan brand.

Seek connection from counsel

Once you personification narrowed down your database of imaginable names, it's imperative to get nan input of trademark counsel connected your apical premier earlier you finalize your decision. The costs of obtaining an uncontested trademark, moreover erstwhile utilizing an lawyer to grounds nan paperwork, is minimal erstwhile compared to nan costs of having to rebrand your business astatine immoderate constituent successful nan future.

Pro tip: When deciding to grounds your trademark, do truthful astatine nan nationalist level (not nan authorities level). That will springiness you nan broadest rights.

You've filed… what next?

Once you file, nan USPTO will delegate an examining lawyer to reappraisal your mark. At that point, your exertion could beryllium rejected (which you tin appeal), aliases it tin move done nan process of publication—where your exertion is listed successful nan Official Gazette published play by nan USPTO. If nary 1 objects to your group incorrect 30 days (and remember, trademark attorneys religiously scan nan Official Gazette connected behalf of their clients), you spell to nan adjacent step, and your trademark is registered.

If your group is uncontested, nan process tin return six months to a twelvemonth aliases more. But you tin spell up during that clip and commencement your business nether your chosen name—as agelong arsenic your trademark lawyer feels comfortable that you're apt to get nan mark. Once they've fixed you nan go-ahead, you tin statesman processing your look and feel—which will beryllium communicated to nan nationalist done your logo.