The Four D’s of Brand Name Selection

How to choose a brand name. Brand name selection does not have to be difficult. Proper consideration of brand names does take time and thought-provoking analysis, however. Not considering the following four brand name factors could potentially prove fatal for a company’s new product launch.  

When the question “how to choose a brand name?” is asked, one should always consider the following factors well before product launch:

1. Distinctiveness – Is the name legally protectable?

Terms/names that are considered to be generic for products are never protectable as trademarks. For example, the term Lawyers.com for providing legal services via online channels will never receive trademark protection. Selecting a generic term as a trademark is brand suicide.

how to choose a brand name
Plot a course for “smooth” sailing!

Further, names that merely describe certain attributes of a product will not receive trademark protection upon first use and may never receive trademark protection. Although descriptive terms may become eligible for trademark protection once the “mark” has been put to continuous and substantially exclusive use, that can take years and tens of millions of advertising dollars. I hear marketing folks say that if my mark is descriptive, I don’t have to spend much money on advertising, right? If that were only true. In fact it takes MORE money and resources to advertise a descriptive “mark” because it can take tens of millions of advertising dollars to convert a legally unprotectable descriptive term into a recognizable trademark.

Tip: Select brand names that are legally protectable upon first use.

2. Distinguishable – Is the mark distinguishable from the competition?

Why select a mark that is not distinguishable from the competition? Although a selected mark may be “legally” distinguishable from competitors’ marks, it still may get lost in a noisy marketplace of similar marks.

Companies that use marks similar to their competitors’ marks run the risk of losing sales and potentially developing bad reputations that belong to their competitors. For example, if a competitor’s product with an overall similar name receives bad press or even worse kills someone, that publicity may inevitably rub off on those companies with products with similar names. Why take that risk?

Tip: Only select names that are legally protectable and sufficiently distinguishable from the competition.

3. Da Position – Does the company have a positioning strategy?

A brand name should communicate a product’s positioning strategy. Select a name that begins the positioning process. For example, what products have the slogans “Melts in Your Mouth Not in Your Hand” and “The Uncola?” Those slogans positioned their products at the top in their respective categories. Also consider whether a slogan can re-position the competition.  Think about how Procter and Gamble re-positioned Listerine with the simple slogan “Medicine Breath.” Re-positioning a competitor with a slogan is one way of gaining market share.

Tip: Select a mark or slogan that will capture the position or niche and then don’t let it go!

4. Da Attributes – What are prospective purchasers looking for?

Selecting a mark that suggests an advantage of a product or a result that consumers want from a product can be a game changer. Rather than look at how a company perceives its own product, a company should look at how consumers already perceive it’s product or similar product, then look for the solution in the mind of consumers. Then select a name that reinforces consumers’ perceptions. What do consumers want from car batteries, for example? Of course, they want a long-lasting dependable battery. That’s why the mark “Die Hard” has been a huge success.

Tip: Select marks that convey attributes desired by consumers.

Combating Brand Damage in the Age of Social Media

So you’ve decided that the social media marketing “hype” is here to stay. And perhaps you’re concerned that if you don’t come up with a social marketing campaign soon, your boss will figure out that your main competitor has, and give Johnson your corner office. Whatever the reason may be, you feel it’s time to discover the power of marketing your wares on social network sites, including Facebook, Twitter, YouTube, Ning, MySpace and company blog.

However, you’re still a bit apprehensive to make use of these new “creatures” called social network sites because you fear “losing” control of your message and, possibly worse, angry customers may post negative comments about your company’s product. The truth of the matter is that whether or not your company launches a social media marketing campaign, your customers and potential customers may already be talking about it in the social mediasphere. The problem: you don’t know what they’re saying and therefore you’re not able to dispel misinformation about your company.

Misinformation may be the least of your worries, however. What about trademark infringement, counterfeiting or libelous speech that can severely damage a company’s goodwill and reputation?

Companies, whether or not they have opted into the social mediashere, should have a monitoring program in place to detect negative comments about them and infringements against their intellectual property that take place on social media sites. A monitoring program can consist of a self-monitoring program, carried out by an employee of the company, or one that is carried out by an independent monitoring service company.

A self-monitoring program should include a weekly or monthly review of a number of available social media web sites, including the following sites:

Wikipedia, Facebook, MySpace, Twitter, Second Life and other virtual worlds, eBay, major industry blogs, fan sites, Amazon.com or other online shopping sites that offer reviews, backtype.com (alerts for comments that include company names and brands), icerocket.com (searches blogs, Twitter, MySpace, news and images), Google.com/alerts (alerts for use of company names and brands on blogs, the Web, news, videos, discussion groups) and technorati.com (searches blogs).

Alternatively, you may decide to hire an outside company to monitor for negative comments and infringements. In addition to monitoring these sites, monitoring service companies can also, if need be, rehabilitate a damaged image caused by negative comments by developing new web pages and commentary about your company, which push unflattering comments and web pages to the bottom of search engine result pages. There are also service companies that can send you monthly reports listing all negative comments made during the previous month.

If your company is so lucky to detect negative comments or – worse – trademark infringement, counterfeiting or libelous speech against it or its products, it’s time to seek legal advise on how to best confront the infringer(s).