The #1 reason business owners hire my company to create a new business name within a week is they’ve received a cease-and-desist letter from an attorney. Often sent by certified mail, this legal document informs you that you are infringing on the registered trademark of another company, and if you do not stop using your company name after a specific date, you will be the target of legal action. I.e., you will be sued.
Such a letter means business. Never ignore it! It requires prompt action on your part.
In most cases, deciding to fight the case is foolhardy. It’s best to acquiesce and look for a new company name. Here are the steps you should take.
First, read the letter carefully to determine what was objectionable about the name you have been using. For example, if they objected to you using a certain prefix or suffix, or a rhyme of their name, you’ll need to make sure that factor is high on your list of criteria for the new name. Although this sounds obvious, I’ve seen entrepreneurs get so angry or upset about the demand to change their name that they don’t proceed rationally in selecting its replacement.
Second, identify the business goals and objectives that you want the new name to meet. Who is the target market? What kind of statement do you want to make about your company? How do you want to be perceived? Should the name be cute or sedate? Trendy or conservative? Emotional or matter-of-fact?
Third, brainstorm possible names. Along with this article, you’ll find a link to a free brainstorming guide for company names. Also see if you can remember or find notes on the runner-up names you considered just before you decided on the name you now have to discard. Sometimes it helps to look at lists of companies in your industry to trigger memories of important keywords or naming approaches you like and dislike.
Fourth, use the business goals and objectives you identified in Step 2 to reject names that will not work. Be ruthless in eliminating names you may like but that do not get across the proper message, don’t fit your desired image or might not be understood by customers. From the names that remain, select your top three candidates.
Fifth – and please don’t hate me for this! – hire an attorney to check out your top three name candidates to make sure they are legally in the clear. After all, this is the step you probably skipped the first time around. One entrepreneur I know failed to do this and had to change his company twice in one year, which made him look extremely careless.
And last, take the time to live with your top choice for a few days before finalizing it. Imagine saying it on the phone, at business meetings, seeing it on signage and so on. Is it a name you feel completely good about? If so, you’re done. Congratulations! If not, repeat some of the previous steps as necessary.
…
Marcia Yudkin is Head Stork of Named At Last, a company that brainstorms creative business names, product names and tag lines for clients. For a systematic process of coming up with an appealing and effective name or tag line, download a free copy of “19 Steps to the Perfect Company Name, Product Name or Tag Line” at http://www.namedatlast.com/19steps.htm
Read more articles written by Marcia Yudkin
Related posts:
- Have You Outgrown the Company Name You Started With? Renaming Tips
Although the most common reason clients come to my company for a new business name is a stern warning letter they’ve received from a law firm charging trademark infringement, the second most common reason for renaming is that the company has outgrown its original name in some way. If this... - For a Better New Product Name or New Company Name, Create a Scorecard
Imagine being asked to judge a martial arts competition while never having studied karate, tai chi, judo or the like. You might latch on to a favorite whose moves you admire only to learn from people in the know that this competitor’s form was actually embarrassingly and even dangerously bad.... - Changing Your Company Name: The Good, The Bad and The Unnecessary
Wondering whether or not to change your company name? Several reasons for doing this are legitimate. Other reasons should make you stop and reconsider. Most of the time, companies that come to my naming company frantic to find a new name for their firm or for a product do so... - Frequent Mistake #3 While Naming a New Company or New Product
“Your business name must be bold.” Look around the Internet, and you’ll often find this advice. Your business name must grab people’s attention. Sometimes this is a valid guideline, especially if you are in the entertainment, gadget or fashion industries. Too often, however, I see this rule lead business owners... - The #2 Most Common Mistake In Naming a New Company or New Product
Most of the time, business owners and organizational marketers look for a new company name or new product name that seems to get the job done. That’s unwise because they don’t take the time to think about possible shortcomings of the name they settle on. Instead, those shortcomings emerge over... - Is a Tag Line Absolutely Necessary Along With Your Company Name?
In looking through Entrepreneur Magazine’s most recent Franchise 500 issue, I noticed – and cut out – a number of ads for franchises that struck me as exceptionally well named. So clear and meaningful were these company names that they instantly conveyed exactly what the company did in an appealing... - Naming Your Business: Five Hidden Pittfalls of Using Creative Spelling in Your New Company Name
If you’ve ever run across the old joke that “fish” should actually be spelled “ghoti” (“gh” as in “tough,” “o” as in “women” and “ti” as in “nation”), then you won’t be surprised to know that many companies put this quirk of the English language to work by concocting an... - A Company Catchphrase: Creating a Motto or Slogan That Promotes Your Business
“Reach out and touch someone.” “The ultimate driving machine.” “Finger lickin’ good.” Chances are, you not only know immediately that those slogans come from AT&T, BMW and KFC, in that order. Those catchphrases may also very well have persuaded someone you know to place more long-distance calls, purchase a particular... - For Word of Mouth Marketing, Make Sure Your New Company Name is Sayable
Take it from someone who often has to rescue someone from mispronunciation or suffer silently when someone reads my last name out loud for the first time: There is huge value in having a name that people can look at and have no doubt about how to pronounce. That’s why... - Company or Product Naming: 7 Ways to Add Pizzazz to a Boring Business Name
You’re starting a new company, launching a new product or trying to inject pizzazz into an existing company or product that seems way too boring and ordinary. Try these 7 techniques to shape the basic facts about your business into a name with energy and zing. The examples we’ll use... - The Mystique of Numbers in Company Names
While visiting the House of the Seven Gables in Salem, Massachusetts two weeks ago, made famous in the 1851 book by Nathaniel Hawthorne, I mentally tried out other numbers to see if they would sound as spooky and portentous. To my ear, House of the Five Gables sounds all too... - Top Mistake #1 When Naming a New Company or New Product
Bear with me, because when I tell you the number one mistake people make when selecting a name for their new company or new product, you are going to be surprised. Ready? The top mistake in choosing a name is deciding on the name you like best. That very obvious-sounding... - Does Your Company Tag Line Pass These Five Crucial Tests?
Judging from the many disastrous slogans that state tourism boards have happily paid tens or hundreds of thousands of dollars for, even marketing professionals often use totally subjective criteria to select tag lines. Do we like it? Is it catchy and memorable? Does it make us feel good? I suggest... - Water The Essence of Life
Lets tackle nutrition! Nutrition is an essential part of health and weight loss/control and the feeling of wellbeing. I believe that understanding some of this will help you to start making beneficial changes to your diet. So let’s tackle the subject of water. Water – The Essence Of Life For... - Did You Lose Water Weight or Fat?
Many diets make you lose water weight! It’s a dirty secret that the weight loss industry would rather keep under wraps. You’ve seen it thousands of times – a brand new weight loss product comes on the market promising to help you lose huge amounts of weight in a very...