Before you commit.
WHAT MAKES A NAME PROTECTABLE
Distinctiveness.
WHAT THE SPECTRUM IS
- Invented words: strongest
- Arbitrary words unrelated to the product: strong
- Suggestive names: moderate
- Descriptive names: weak
- Generic terms: unprotectable
WHY DESCRIPTIVE NAMES ARE WEAK
Others need the same words to describe their own goods.
WHAT EXAMPLES ILLUSTRATE
A descriptive name for a hosting business using the ordinary words for hosting cannot be monopolised.
WHY BUSINESSES CHOOSE THEM ANYWAY
They explain the business immediately.
WHAT THAT COSTS
An asset you cannot defend.
WHAT TO CHECK BEFORE COMMITTING
The trademark register, for conflicts Company and business name registers Domain availability General searching, for unregistered use
WHY UNREGISTERED USE MATTERS
Established use can create rights even without registration.
WHAT TO SEARCH FOR
Identical names Similar names Names that sound similar Names in related categories
WHY RELATED CATEGORIES
Protection extends to goods and services considered similar.
WHAT TO DO IF THERE IS A CONFLICT
Choose differently.
WHY
Rebranding later is far more expensive than choosing again now.
WHAT TO SECURE ONCE CHOSEN
The domain Social accounts The trademark application
WHAT ORDER
Domain first, quietly, then the rest.
