ARTICLE
13 February 2015

How To Not Get Lost In The Crowd

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Dickinson Wright PLLC

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Dickinson Wright PLLC, founded in 1878, is a full-service business law firm with 550+ lawyers across the United States and Canada, covering over 40 practice areas and industry groups. Headquartered in Detroit, the firm provides practical, business-focused legal solutions and invests in technology and personnel to support efficient, innovative service delivery. Dickinson Wright maintains independently verified information security and risk management controls, including ISO/IEC 27701:2019 certification, reflecting a commitment to protecting sensitive client matters. The firm handles complex transactions and high-stakes litigation and is regularly recognized by leading legal industry organizations for the quality of its work.
Businesses are often tempted to select a name that straightforwardly describes who they are and what they do. Here are six reasons why you should resist that temptation.
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Suppose you're looking for a florist. You wade through ads in the phone book for...

  • Cynthia's Flower Shop
  • Ken's Flower shop
  • Bea's Flowers and Gifts
  • Fine Flowers
  • The Flower Garden
  • The Flower Pot
  • Thrifty Florist

and then you see...

All of these names tell you what goods and services the owner is selling. But which one catches your eye? Which one are you likely to remember?

Businesses are often tempted to select a name that straightforwardly describes who they are and what they do. Here are six reasons why you should resist that temptation.

  1. No one will notice you. Enough said. Enough said.
  2. If they do notice you, they won't remember you. (Without peeking: can you recall even one of the other names from the list above? And you just read it a few seconds ago...)
  3. You won't stand out in internet search results. Try entering "fine flowers" in the search engine of your choice and see how many hits you get back.
  4. You'll have a hard time getting legal protection for your name. A mark that is considered "merely descriptive" isn't protectable unless you can prove that when consumers see it, they think only of your goods and services. That's a tall mountain to climb.
  5. You'll have a hard time stopping others from using it. See Point 4., above.
  6. You might outgrow it. Consider the following logo:

It's not hard to guess what this company started out doing, or what they're doing now. Do you think they wish they hadn't spent years investing in a brand identity that leaves out a big piece of their business?

Sometimes "Joe's Barber Shop" might be all you need. But both your marketing consultant and your trademark lawyer will tell you that it's usually better to pick a distinctive name (like "KaBloom") that makes a stronger first impression and sticks in the memory longer; or one like "Kodak" or "Exxon" that has no meaning other than the one you and your products give it. You can always add a descriptive tag line, like "The Power of Fresh Flowers," which is easier to change when necessary.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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