You deserve a better name!
Whenever a new product is born, a name needs to be found for it. Though somewhat similar to the birth of a child, where you try to find a name differing from those of other children in the family, the problem of naming a product is much more complicated, since all similar products are, in a sense, sisters and brothers of your product. Besides, you need to raise, care for and watch over the name of your product, if you want to avoid future complications.
Naming a product is a distinct branch of law and business in many countries, where lawyers, linguists and marketing experts provide assistance in finding a suitable name. Even after taking a short glimpse at the most popular brands in Europe, it is apparent that most of the names are short, simple, and non-descriptive, meaning that they do not reveal directly anything about the product or the service. Whenever setting up a company, creating a new product or service, or simply re-positioning an existing product, the following criteria are to be observed.
the name must harmonise with the corresponding product,
must not be descriptive,
must be attractive in all languages,
there must not be a likelihood of confusion with a reputable trade mark or
with another name in a similar range of products,
must be available in all countries, and
the domain must be available as well.
As you can see from the above list, finding a name is a complex and expensive process. Even if you find a name that perfectly meets one of the criteria, it may very well fail in a similarity search and you can start the expensive process all over again. On the other hand, a good name, a good trade mark, will multiply the invested time and money in return. Do not be impatient and start the naming process in good time!
The name must harmonise with the corresponding product
This aspect is of great importance for logos and figurative trade marks. Just imagine trying to sell cosmetics for men with a trade mark depicting a pink cat! It would be also strange, with regard to word trade marks, to have a discordant brand name for our product, such as Black & White or Kaputt (German word for broken) for a new HD TV set. It is also advisable to choose a brand name in harmony with your company name.
Must not be descriptive (it may be telling, though)
Certain words may not be expropriated. “FAX”, for example, may not be the brand name of a fax machine (but may be well used for soaps). A trade mark may not designate exclusively the intended purpose, quality, or geographical origin of the product. In the case of European, or more precisely, community trade marks, an absolute ground for refusal is the descriptive nature of a trade mark in any of the languages of the European Union. The brand name of beer products may not be Beer or Bier.
If you insist on using such words, the only available option is to embed the word in a figure. Merely writing the word with a special font is not enough - you need to use it jointly with a distinctive figure, in which case you will have a figurative trade mark, a logo. The approving authority will approve the registration due to the distinctive nature of the figure. On the other hand, your competitors will become confused and, after a corresponding request, they will usually cease using the trade mark. In the course of a possible court procedure, the legal approach toward such trade marks is complicated enough to compel other companies to prefer other words in their business communication.
Must be attractive in all languages
In the case of European trade marks, an absolute ground for refusal is the conflict between the brand and the accepted principles of morality in any of the languages of the EU. Besides, it is advisable to check the meaning of your brand name in the languages of other Member States of the EU. For example, the“fos”part in the names of Danish Danfoss and Grundfos pumps means “faeces” in the Hungarian language, and so these names do not really imply the high quality of the products. Similarly, it may not be a great idea to pick “Hole” as the brand name for handkerchiefs, since the customers will probably associate the name with poor quality.
There must not be a likelihood of confusion with a reputable trade mark or with another name in a similar range of products
The intended trade mark must be available. Availability can be checked only by professional trade mark search. Patent attorneys, trade mark experts, and trade mark attorneys can provide essential assistance in this field. The risks can only be considerably mitigated by a professional search. For obvious reasons, it is not in your interest to generate any likelihood of confusion concerning your brand name and that of another market actor. It is also necessary to bear in mind, that, with regard to well-known trade marks, there must not be any likelihood of confusion concerning your trade mark, even if the proprietor of the well-known and reputable one pursues its business in entirely different markets. It is most definitely a bad idea to try to get any market advantage by hanging onto the coat-tails of popular names. You cannot even market deodorants under the “Audi” or “Nike” brand names, and so you should surrender all your plans, if any, to sell Philips wines or Adidas handkerchiefs.
Must be available in all countries
Ever since a country joins the European Union, all enterprises of that
member state can benefit from cross–border commerce. Today, you may be think- ing about your local market only; you may not even start exporting your goods to- morrow (if you term selling your products in another EU Member State“exporting”), but what will you do the day after tomorrow? Do you really want to re-name your product, when your sales are heading north at a rate of knots? Or, even if the name itself is OK, what happens if your brand name is already protected in a neighbour country? Such situations are better left unvisited by checking the name and apply- ing for protection throughout the entire European Union.
The additional costs of pan-European thinking and searching are relatively low at the beginning of the naming procedure. The application fee for an EU trade mark is only a couple of times that of a national trade mark, while EU trade marks have the additional benefits; the related obligation to use after the five-year grace period, for example, can be complied with by using the trade mark in only one of the Member States. Using online services of the www. trademark.eu webpage you can file a CTM application for a reasonable price.
The domain must be available as well
It is probably a common understanding that the importance of the Internet will rise further in the near future. As of today, most of the Internet addresses evolved into business names used by consumers to remember where to find certain information or services. Search engines (e. g. Google) also provide invaluable assistance, but good domain names are essential even in such cases. It would be strange to find Samsung or never-even-heard-of electronic products at sony.com. It will also be strange when consumers find completely different products by our brand name. It will not be as strange for the consumers (who can easily switch and purchase from that site), as it will be for you. It will be more than strange when your business will be on the slide, and it will be definitely embarrassing to be unable to get the domain name even a posteriori.