Clark & Bellamy Attorneys at Law

Plan and Protect for Generations

Legal Information and Articles by Brian Bellamy

Brian is an owner at Clark & Bellamy, P.C., where he specializes in Intellectual Property Law and represents Georgia as a Special Assistant Attorney General. Brian participated in the debate program at Thomas County Central High School, which eventually led him to be an attorney. After receiving an undergraduate degree in Industrial and Systems Engineering at Mercer University, Brian attended law school. Brian now works as both a teacher and an attorney. In his law practice, he helps inventors by drafting and prosecuting patent applications for inventions and helping businesses develop strong brands through trademarks. Brian began teaching as an adjunct at Mercer University, with involvement in FIRST Lego League, and as a volunteer coach of the Scholar's Speech and Debate Team. He is now proud to bring rigorous programs related to individuals and the law to TCCHS.

Unleashing Your Brand’s Potential: How to Choose an Effective Product or Service Name

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In today’s crowded marketplace, choosing a brand name for a new product or service is crucial. Your brand name will be the first point of contact between your product and potential customers. If chosen wisely, it can be a powerful tool to attract attention, communicate value, and build a memorable brand experience. Here are essential steps to follow:

1. Understand Your Brand:

Firstly, you need to understand your brand and its identity clearly. What are your core values? What do you stand for? How do you want to be perceived in the market? Answers to these questions can guide you in choosing a name that accurately represents your brand’s personality and uniqueness.

2. Define Your Target Audience:

Your brand name needs to resonate with your target audience. Consider their demographics, interests, and the problems your product or service solves. The more aligned your brand name is with your audience’s expectations, the more likely they will be drawn to your product or service.

3. Simplicity Is Key:

Aim for a name that’s easy to pronounce, spell, and remember. Avoid using complicated words, jargon, or complex spellings. Remember, your brand name needs to be accessible and easy to share.

4. Ensure It’s Unique:

It’s essential to avoid confusion and ensure your brand name isn’t too similar to existing brands in your industry. You also want to stand out from the crowd. Utilize online tools to check if your chosen name is already trademarked or used as a domain name.

5. Convey Meaning:

If possible, choose a name that suggests an idea of what your product or service is about without being descriptive. This helps with immediate recognition and can simplify your marketing efforts. However, don’t describe the product. A nondescript, fanciful trademark builds value and is easier to protect.

6. Test It Out: Before you finalize your decision, test the name. Share it with a focus group, ask for feedback, and consider how it translates in different languages or cultures, especially if you plan to go global.

7. Think Long Term: Your brand name should be something that can grow with your business. Ensure it’s adaptable and doesn’t limit you to a specific product, service, or location unless that’s your long-term strategy.

Remember, choosing a brand name is a creative process, but it should be backed by strategic thought and research. Ultimately, the best brand name aligns with your brand identity, appeals to your target audience, and stands the test of time. Happy naming!

COVID-19 Information

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Clark & Bellamy, P.C. is OPEN to serve you!

Please call (229) 228-5400.
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We want to assure you that our C&B team is here working to help you with your legal needs. Your safety, the safety of our families, and the safety of our employees are paramount. As we follow the CDC guidance, we recommend and support wearing a face covering while inside our building. We offer you offsite visits and enhanced telecommunication services upon request.

Brian and William offer several options for meeting with clients without in-person contact:

  • ZOOM video conferencing (includes dial-in)
  • Google Meet (includes dial-in)
  • Microsoft Teams (includes dial-in)

We offer several options for the transfer and execution of signed documents:

  • Post or courier
  • Local pickup and delivery
  • Scan and file sharing
  • Adobe Acrobat Professional with secure document management

Regardless of the need, Clark & Bellamy can work with you to complete all of the legal requirements without the need for close personal contact in accordance with the CDC recommendations.

What is a Trademark?

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A trademark can be protected through common law and registration through a trademark application with the government. Because of this intellectual property protection, trademarks can become an important asset for a business. In fact, a trademark may be the most enduring asset of your business, as it can be maintained forever as long as it is used.

So, what is a trademark?

A trademark by definition performs two key functions:

  1. A trademark identifies a source of products or services, and
  2. A trademark distinguishes the source of goods and services from another.

In other words, a trademark is vital to your business if you are competing as a creator of goods and services because it is what consumers will use to identify your products and services among the crowd. Without this figurative ID card, consumers may have more difficulty in remaining loyal to your products or services. A trademark helps your customers to return for more of what you are selling, and spread your brand to others.

What can function as a trademark?

Words

Words can function as a trademark and is the most commons. Sometimes,  new words can be created to function as a trademark. These are usually known as fanciful marks. Unique words like COCA-COLA, KODAK and VERIZON can be very strong trademarks. In today’s world of social media, a good wordmark can be a huge advantage to your company.

Names

Trade names of a business, which comprise words, can function as a trademark. Using a name as a mark to designate the source of goods or services is very common. Examples include both strong fanciful names like XEROX or LENOVO and suggestive names like IBM or PETSAFE.

Symbols

Symbols can function as a trademark and are often combined with words to create a hybrid mark. While symbols can be more difficult to develop recognition by the public, once established they provide an advantage for marketing through visual media. Examples include the NIKE Swoosh, the ATT Globe, and the GRASSROOTS COFFEE Tree.

Sounds

Sounds can function as a trademark. Like symbols, it can be more difficult to develop recognition by the public. Sounds also were not historically recognized as trademarks, making them even more difficult to register. However, once established sounds also provide an advantage in marketing through diverse media like radio and television. I’ve noticed that OOMA uses a special sound for their internet telephone systems. In one really controversial case, Harley-Davidson filed a trademark application to register the sound of their motorcycles. After several years of opposition and litigation, Harley-Davidson gave up.

Colors

Only a few years ago in the case of Qualitex Co. v. Jacobson Products Co., Inc., 514 U.S. 159 (1995), the United States Supreme Court determined that color can function as a trademark.. Proper representation of color in a trademark application for registration can be a difficulty in getting a trademark registration. Many companies use color as a trademark, but do not file for trademark registration, or use color as a part of the registration of a symbol. One interesting point, pharmaceutical companies cannot register the color of drug packaging or pill color because of public policy. Thus, generic drug makers are able to make packaging and pill that are consistent in color with the brand names.

Where Should You Start?

Clark & Bellamy recommends starting your trademark strategy for your brand with a word mark. As you grow, you will want to consider how these other forms of trademark can enhance your identity to the public and distinguish your products or services.

Trademark Application for a Brand

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At some point during the startup of a business, you may ask yourself “Do I need to file a trademark application for my brand?”

The conservative answer is “Yes.” A trademark application and successful federal registration is necessary to protect your brand. A trademark is an important part of any strong brand. And, a trademark application is necessary to register your mark with the government and give it the most legal protection possible throughout the United States.

In fact, without federal trademark registration, your use of your mark might be limited to a small geographic area or a small number of products.

A trademark is different than a brand in that your brand represents much more than just a mark. Overall, your brand may be very similar to a competitor’s but distinguished very easily by your trademark. You cannot file a trademark application for a brand, only for certain elements of the brand that can be protected under trademark law.

With regard to brand identity, you can consider your quality of service, look and feel of your business environment, corporate culture, color schemes, decor, web strategy and other factors in creating your brand. You may even choose to model the personality of your brand after another successful company.

If you are opening a fast food restaurant, for example, you might want to create an image of consistency and speed and use restaurant friendly colors like red and yellow. Compare this scheme to those of McDonald’s, Wendy’s, and Burger King. These brands all use a similar overall brand image to compete and be successful in their industry.

You Must Distinguish Your Brand

Nevertheless, you will want to distinguish your brand to avoid confusion and differentiate yourself in the marketplace. This is where a trademark can play a key role in your brand as a potentially vital part (but only a part) of your overall branding strategy. Thus, filing a trademark application to register your mark is an important step to consider.

A Trademark Can be a Word, Phrase, Symbol, Design or Combination Thereof

A trademark by definition identifies a source of products or services and distinguishes the source from another. Thus, a trademark can become a vital intellectual property asset of the business, as it is what consumers will use to identify your products and services among the crowd, return for more, and spread your brand to others.

You should begin developing your brand in combination with a trademark at the earliest stages of your business development. Many businesses historically have succeeded in the long-term because of the strength of their brand. An intent to use trademark application can be used to initiate registration of your trademark before you even begin using it.

Video– Introduction to the USPTO and Trademark Basics

Explains the differences between patents, trademarks, and copyrights
https://youtu.be/qHDRV2NTSEk
– produced by the U.S. Government

With regard to company value and trademarks, Coca-Cola and Pepsi provide good examples. These companies continue to thrive while being in highly a competitive business. Their main products, soft drinks, and water, are easy to produce commodities that anyone can make. In fact, many competitors make a cheaper product that you probably could not even recognize the difference in a taste test. Nonetheless, Coca-Cola and Pepsi remain leaders in sales because of their brands and trademarks.

MillwardBrown has compiled the BrandZ ratings for 2011 and found the Coca-Cola brand to be worth $74 billion and Pepsi worth almost $13 billion.

Your First Trademark Should Usually be Word and Not a Design

We recommend starting with a wordmark before concerning yourself with trademarking a design or logo. This helps you to establish a trademark that is broad and easy to use in designating your product or service and its source. Wordmarks can be used as adjectives in communicating about your products (Ex. the Acme widget), and wordmarks can be used in domain names and other communication between people, including social media.

If your trademark will be used for a service type of business, then you may sometimes hear it referred to as a Service Mark. That’s just another accepted way of expressing it and being clear in how the mark is being used, i.e., for services. There is no technical or legal requirement to use the term service mark.

So, start the brand development for your new business the right way by selecting a good trademark, doing a clearance search for your mark, and filing a trademark application.

Do I Need to File a Trademark Application

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You can USE a mark in commerce on the local, state or national level and develop some rights to a trademark within your geographic region of business. However, the tools for enforcement of your trademark will be more limited without federal registration.

Trademark Protection Requires Use on a Product or Service

It is very important to understand that no trademark rights can be claimed without actual use of a mark in commerce. It is wrong to assume that you own an idea for a trademark. Such ideas cannot be protected unless developed and used as a trademark in your brand or expressed in the form of artwork or other forms of expression that are qualified for copyright protection.

In the case of common law trademarks, you can use the symbols TM or SM to indicate your claim to ownership of a mark. However, you will not be able to use the registered trademark symbol “®” without filing a trademark application and getting your mark registered.

You Usually Should Register a Trademark

Registration of a trademark on a national authority’s official register confers many benefits. Once it is apparent that a trademark has monetary value to your business, then you should consider filing a trademark application to enhance your protection. The immediate need to file an application differ according to your circumstances.

In the United States, the benefits of filing a trademark application include the following:

  • Registration provides constructive notice to the public and listing in the U.S. Patent and Trademark Office database. This reason alone is sufficient for registration, as it will deter many from choosing a confusing name and causing future conflicts. Without registration, it is much more difficult for others to identify your trademark among the masses of other businesses.
  • Registration by filing a trademark application with the USPTO provides you with a legal presumption of ownership because the trademark has been evaluated and approved by a trademark examining attorney.
  • Registration prevents you from encountering geographic restrictions to your state or locale by establishing your right to use the mark nationwide with the connected goods/services.
  • Registration gives you greater ability to sue for infringement in federal court.
  • Registration entitles you to use of the U.S. federal registration to obtain registration and protection in foreign countries.
  • Registration gives you the ability to use U.S. Customs to prevent importation of infringing goods from overseas.
  • Registration enhances your potential for recovery of punitive damages and attorney fees if your mark is infringed and you must litigate.
  • Registration makes it possible for your trademark to become incontestable as a valid registered federal trademark after five years.
  • Registration of a trademark enhances domain name protection for website owners because of additional enforcement tools provided by domain registrars. In other words, you are better able to prevent others from cyber-squatting with respect to your trademark or using your reputation and trademark in a domain name to market competing products.
  • Registration of a trademark gives you greater possible protection by search engines from other companies using your trademark for advertising.

Clark & Bellamy, P.C. recommends incorporating at least one wordmark into your brand as a registered trademark. This will improve the durability and value of your trademark and business over time.

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