A Two-Stage Process for Choosing a Brand Name

It is a challenging process to pick a good brand name, but a brand name is frequently of vital importance to the success of the underlying business. The brand must deliver the image consumers associate with it and the values it symbolizes.

What is expected of the brands? How will customers react? How much budget is available?

The process should be objective and not influenced by emotions. Keep in mind what is required and stick to the task.

This two-stage process can help. The first step is to select potential brand names. There are many approaches, but the following represent the basic criteria to consider.

1. A brand name should symbolize the image and values desired to be associated with the brand.
2. A brand name should assure the customer that the goods or services associated with it will be of the quality or value the consumer expects.
3. The brand name must distinguish the brand owner’s goods or services from those of its competitors. The essence of a protectable brand name/trademark is its distinctiveness. The critical factor is the message given to the public.
4. The brand name should be simple and easy to understand.
5. The brand name should be easily remembered.
6. The brand name should be easily readable and pronounceable.
7. The brand name should be meaningful and communicate positive product attributes and avoid unpleasant connotations.
8. Choosing a coined word as a brand name can be risky since considerable financial resources and time may be required before the brand name becomes known.
9. In a global market a multitude of linguistic and cultural issues will affect the choice of a brand name. The pronounceability and the meaning of the brand name in each relevant language must be considered. Similar considerations apply to the design presentation of the brand name.

The second stage of the process involves related but equally important matters to be considered.

1. The proposed brand name must be legally available in the countries where it is proposed to be used. The availability of the mark for use and registration must be assessed separately in each country. This means carrying out trademark searches. The perfect brand name is of no assistance if it cannot be legally used.
2. Consider the availability of domain names which include the brand name or a substantial part of it. With the new generic top-level domains (gTLDs) there are frequently many choices.
3. Obtain a trademark registration. This will facilitate the protection of the brand name by granting exclusive rights to the trademark owner and providing for public notice of such rights. Obtaining registrations is of vital importance for many reasons.
4. Understand how the trademark system works when selecting a brand name since the decisions made will affect the rights potentially available. Retain a lawyer knowledgeable in this area.

John McKeown

Goldman Sloan Nash & Haber LLP

480 University Avenue, Suite 1600

Toronto, Ontario M5G 1V2

Direct Line: (416) 597-3371

Fax: (416) 597-3370

Email: mckeown@gsnh.com

These comments are of a general nature and not intended to provide legal advice as individual situations will differ and should be discussed with a lawyer.