Let me ask you a difficult question: How on earth would you build your brand on a canvas smaller than a matchbox? What if you could use only one color (say black on a green background), you had no scope for graphics, and the consumer was paying for every second it took for you to send him or her a commercial message?
In the naming playground, technology and pharmaceutical firms are among the busiest performers. So we asked Mark Steiner, a nationally recognized intellectual property attorney, for his take on the good, the bad and the ugly in those fields. Steiner heads the trademark & copyright practice group at Townsend and Townsend and Crew in San Francisco.
Q: Mark, what’s your general advice to people who want to name companies and products in technology and pharmaceuticals?
When it comes to trade name and trademark selection, it is important that the company make every effort to pick a name and mark which are appealing from a marketing standpoint and protectable from a legal perspective.
As to the latter, we are looking for a mark which is distinctive. This means that the company should be creative and avoid the temptingly easy route of coming up with a mark which is descriptive of the products. The best marks are those which have no meaning whatsoever within the context of the industry: A fanciful, coined term which is a made-up word (think "Exxon" or "Kodak") or an English word which has no relevant meaning, such as "Apple" for computers.
Such marks are most likely to be available when we conduct proper trademark searches and will afford the company broad and strong trademark rights. The mark will most likely be relatively easy to register in the United States and abroad and, if there are no other marks which are similar in appearance, sound and meaning in the industry, the company will be able to enforce its trademark rights against others who would dare come close.
Q: What are some examples of successful names in technology and pharma land?
XIENCE, SurgRx and FlowMedica for medical and surgical devices are strong names and marks. They are distinctive, registrable and enforceable against third parties.
You know your brand is failing in the marketplace when…
How does your brand make people feel? Does it make them feel safer or more secure? Is it reassuring? Does it make them feel more in control?
October 27th, 2010
By Derrick Daye
Every marketer should know Rosser Reeves. He was a highly successful advertising executive and the originator of the Unique Selling Proposition (also known as the Unique Selling Point or USP). In his 1961 best-seller Reality In Advertising, Rosser defined his industry-changing concept in three parts: