Is your business name protected?
My mom got sued for using her own name.
Don’t let this happen to you
A rival PR agency sued my mother for trademark infringement.
My mom’s Los Angeles PR agency, Nan Miller Enterprises, received a cease-and-desist lawsuit from Nan Miller & Associates in Chicago.
“How can this woman stop me from using my own name?” My mom was horrified and crushed.
Legally, my mom had common law rights to use her name locally, but fighting a lawsuit is expensive.
My mom settled out of court, changing her name to Nann Miller.
The Irish siblings who launched our local pub weren’t as lucky.
The Grange, our neighborhood Irish pub in Decatur, GA, was sued for trademark infringement by The National Grange of the Order of Patrons of Husbandry – an agricultural organization founded in 1867.
At great expense, Colin, Darren, and Jennifer Comer were forced to rebrand as The Marley – signage, marketing, menus, Web, everything.
A fraternal farming organization suing an Irish pub? That’s crazy.
The Grange Irish pub…
…was forced to become The Marley.
Protect your business name with the
Brand Story® Trademark Package:
Two Courses for $28
Course 11: Trademark Your Brand
How to register a trademark
Trademark attorneys typically charge $2,000 to $3,500.
Using an attorney is a worthwhile investment if you can afford it. A small price compared to an infringement lawsuit. But if you’re launching on a shoestring, you don’t have an extra $2500. This course package costs $28.
Note: Whether using a lawyer or doing it yourself, you’ll pay a $350 filing fee to the government.
The Spectrum of Trademarkability
I sat down with a lead lawyer from an Atlanta intellectual property law firm who generously shared her “Spectrum of Trademarkability.”
Understanding this spectrum — from generic to coined — and conducting a thorough search in the USPTO TESS database are the keys to submitting a successful application.
The course takes you step by step through the process.
Question: “But you’re not a lawyer.”
Answer: “Try hiring a lawyer for $28.”
Even if you use an attorney, the course will help you choose a trademarkable name for your business.
I’m not a lawyer, but I have filed many DIY trademark applications, including Brand Story®— woohoo! You can do it too.
Disclaimer: This program is educational and not a substitute for legal advice.
Course 09: The Name Game
Securing the Perfect Name
What comes first? Business name, Web domain, or trademark?
This is the chicken-and-egg question. Your brand position, Web domain, and trademark must be researched and developed together. Ouch.
You’re juggling three balls, which means you need to find a name that expresses your brand position, is available as a dot-com, and will successfully register as a trademark.
If you’re starting from scratch, the complete Brand Story® Course offers 16 modules for building a brand that customers fall in love with: $49.
The Trademark Package includes The Name Game to help you secure the perfect name.
The Name Game course includes:
- Select your business name last
- Four Categories of Brand Names
- Names That Carry Their Brand Position
- Four Criteria for the Perfect Name
- What to Avoid: Seven Naming Pitfalls
- The Domain Name: Your Digital Brand Position
- When Your Desired Domain Isn’t Available: A Three-Step Process
- Product Names: House Brand vs. House of Brands
Ready to get started?
Purchase the Brand Story® Trademark Package.
Protect your business while growing your brand.
