Harbor Law Group Blog

After you have developed a product, it is important that you take into consideration the following points when determining the product name:

Don’t rush the process. Take some time to develop the right name. If you don’t love it, don’t use it. Think about the potential name from the consumers’ perspective. Also consider whether it bears any similarity to that of an existing product.

Consider calling in the professionals. There are many excellent branding companies that can assist you with developing a product strategy and help you come up with a catchy or clever name, logo and/or slogan. You may also want to consider engaging a trademark attorney for the purpose of making sure the proposed name is not already subject to trademark protection. The trademark attorney will search the name and make a determination as to whether it may potentially infringe upon existing trademark rights. The trademark attorney will also be able to assist you with determining the likelihood the product name will pass the scrutiny of the United States Patent and Trademark Office. You should not rely on a Google search. If you miss something and your product name infringes upon someone else’s trademark, you may find yourself in a lawsuit.

Come up with several alternative names. It is not uncommon for an inventor to have his or her heart set on a particular product name, only to find out from the trademark attorney that it is already being used in connection with a similar product. Even if you are really certain your product name is unique, you should have 1 or 2 back-up names in mind in case the preferred name cannot be used for any reason.

Wait for the all-clear. Sometimes, an inventor is so eager to market the new product that he or she purchases a domain name, invests in marketing materials, and even forms a business entity prior to performing any research on the product name or engaging a professional to assist with the search process. This is a mistake that may be costly in two ways: (1) You may need to hire an attorney to answer a cease-and-desist letter from someone already using the mark; and (2) If the other party prevails, you will need to re-brand your product and pay for a whole new set of marketing materials, a new domain registration, and/or the corporate filings necessary to formally change your business’s name.

As your product name has only one chance to make that first impression, it is better to do it once and do it right.

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