I had a great conversation with Samantha Bradshaw, a seasoned small business and intellectual property lawyer, about the process of naming a business. Yes, you want a cool name, but you also want one you can own and protect.
Proactive Legal Prevention: Samantha emphasizes the importance of proactive measures to keep creative service providers out of legal entanglements. She highlights how businesses often encounter challenges when they receive "angry lawyer letters" or court documents, underscoring the necessity of building strategies to prevent such issues from arising in the first place.
Balancing Uniqueness and Descriptiveness: Samantha discusses the delicate balance between creating a business name that is both unique and descriptive. While marketing professionals may advocate for SEO-friendly names that directly describe the services offered, Samantha explains the limitations of trademark protection for such generic terms. Instead, she encourages business owners to explore names that strike a balance between suggesting the nature of the business while remaining distinct and protectable.
Trademark Protectability Spectrum: Samantha introduces the concept of a spectrum of trademark protectability, ranging from generic to fanciful names. She elucidates how names that are overly descriptive or generic, such as "Photographer Marketing Services," are unlikely to receive trademark protection. Conversely, names that are arbitrary or fanciful, like "Apple" for computers, hold significant trademark power due to their uniqueness.
Creative Naming Strategies: Samantha shares practical advice on how to generate creative and trademarkable business names. She suggests brainstorming sessions where business owners can combine suggestive elements related to their industry to create distinctive names. By leveraging word-mashing techniques and considering tangentially related concepts, businesses can craft memorable and protectable brand identities.
Trademark's Role in Business Growth: Finally, Samantha underscores the broader implications of trademark protection beyond legal compliance. Trademarks serve as essential assets that facilitate business growth, franchising, licensing opportunities, and brand recognition. By securing a trademark for their business name, entrepreneurs lay a solid foundation for future expansion and success.
About Samantha Bradshaw
#907 Evaluate and Embrace New Technology
#906 Let AI Tell Your Story
#905 I Love Evergreen Content
#904 Navigating Growth Amid Economic Uncertainty
#903 Learn to Harness Chaos
#902 A Different Perspective
#901 The Key to Success is in the Implementation
#900 Go to The Gym
#899 Managing Good and Bad Stress
#898 Discover Productivity Hacks
#897 I Wrote a Book
#896 Build Trust by Letting People See the Real You
#895 Don’t Write Bad Blog Posts
#894The Strategy of Good Web Design
#893 The Human Factor
#892 Convey Meaning with an Image
#891 What to Do With Your Book After It is Published.
#890 What Type of Networking Animal Are You?
#889 Do you Know What a Customer is Really Worth?
#888 The Future of Content Marketing
Create your
podcast in
minutes
It is Free
The Commercial Edge: Unleash the Power of People
The emPOWERed Half Hour
Right About Now with Ryan Alford
The Marketing Secrets Show
The Agile Brand™ with Greg Kihlstrom
B2B Agility™ with Greg Kihlström
AI Explored