your brand already in use by another?
When creating a brand, it is important to verify that there are no other
similar brand names used in connection with similar goods/services. The
existence of multiple brand names could cause consumer confusion and
potentially diminish the goodwill associated with your brand. In addition, you
may wind up infringing on a prior user’s trademark rights. Ultimately, you want
your brand to stand out from your competitors so that consumers know without a
doubt that they are getting the quality product/service associated with your
brand been registered as a trademark by another?
If another person or entity owns trademark rights to your brand, they
have exclusive rights in using that brand in connection with their identified
goods/services. Building a brand only to find out that you can no longer use
that brand could be a major time and money drain. Worse yet, it could
potentially land you in a court room for trademark infringement. Many startups
have crashed and burned do to this pitfall.
your brand have alternative meanings in different languages?
Your brand name could potentially have a negative meaning in a different language.
For example, Chevy produced a car branded as the Nova, which translates to “no
go” in Spanish. Rumor has it that the car failed in Spanish speaking countries
do to this inadvertent yet shortsighted branding.
your brand merely describe the goods or services you are offering?
Often times, brands are selected because they describe the goods/services
offered under the brand. Unfortunately, brands that are merely descriptive will
not be afforded exclusive trademark rights without establishing a substantial
level of fame amongst consumers. Without a trademark registration, competitors
can use a similar brand name.
you plan to establish your brand in more than one country?
Trademark rights are territorial. Thus, it is possible that your brand
may be available for trademark registration in the US, but not in other
countries. If you plan to enter multiple countries, you should determine
whether your brand is in use by another in those countries.
domain names are available?
name registrations are first come, first served, unless the registration occurred
in bad faith to profit off an existing trademark. If you have yet to select a
trademark, then you will also want to look into whether the corresponding
domain name is available for purchase. You don’t want to lose customers because
they find an unrelated webpage when they search for your website using your