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Shireen Smith asked:


Generic names and Trade Marks  

In the offline world a generic name is never a good brand name. Such names have limited potential as trade marks even if you manage to register them (which we may manage to do for you in combination with a logo). Nevertheless people choose generic names because the name immediately communicates the type of goods or services the business provides.

Is it any different online? Would brands like  Books4Less and PersonalInjuryLawyer be good ones?

Before answering this question, let us clarify what is meant by ‘generic’ from a branding and trade mark point of view. A generic name is one that describes the product a business is engaged in providing. Whether a name is generic is relative. Examples of generic domain names that have reportedly fetched large sums of money on a resale as domain names are Wines.com and Mortgage.com. Such names are generic as brand names for a wine merchant or mortgage provider respectively. To give a ridiculous example, if the wine merchant used the brand name Mortgage.com, or the mortgage provider used the brand name Wines.com, the names would be distinctive rather than descriptive for trade mark purposes (although as a brand name it would still not be as good as a proper name – a side issue which is outside the scope of this article). 

So, provided a name does not “consist exclusively of signs or indications which may serve to designate the kind, value, quantity or purpose of goods or services”, it may be trade marked. A distinctive, different and non descriptive name gives you the singularity that is the hallmark of a memorable, trade markable brand name.

In trade mark terms the best names are made-up ones that are suggestive of the product or services to be supplied, but not descriptive of them. If a business can coin a distinctive name – ideally a proper name like Coca Cola, Exxon, Ford, Mercedez Benz, McDonalds, Starbucks, the name will be ideally suited to the purpose of building brand identity around it.

Why not a descriptive name?

The danger in choosing descriptive names is that the business sets itself up for confusion with competitors. Descriptive words are those that competitors may legitimately want to use to describe or advertise their products and services. For example a wine merchant will need to be free to use the word ‘wine merchant’ otherwise it could not engage in its business activity. If the first person to use the word ‘wine merchant’ were able to stop everyone else using the term, then it would give the first comer such a monopoly that they could stop all competition in the marketplace. That is far from what trade marks are designed to achieve.

So, given that you cannot stop competitors using the same descriptive words in their names, choosing a descriptive brand name inevitably means loss of some potential customers because prospective customers who are trying to find you may mistakenly find your competitor instead. Therefore, descriptive names are poor vehicles for capturing goodwill or brand value. You do far better in the long run with a distinctive brand name than with a descriptive one. Once you achieve name recognition trade mark law will prevent competitors free riding on the back of your success by using name that are similar to yours. This is the essence of trade marks – to reduce the likelihood that consumers will mistake other businesses for yours.

Names and brands – online

How does all this translate to the web where there is a tradition of choosing generic brand names? Is a generic name a good choice for an online start up? Well no.

What makes a good brand name offline is no different to what makes a good brand name online. Although people tend to think it is good to opt for generic names – possibly because they confuse the search engine advantages that such names may have with what makes for a good brand name – generic names are in fact a poor choice of online brand name, just as they are a poor choice for offline brands. In the short term they may help you to communicate what your business is all about. For example, if you are called Books4Less, people will immediately know something about your aims. But on the other hand, if you are called Amazon, they will not immediately know that they will get a good price from you. However, once Amazon has proved itself to you, its singular name will be etched in your memory far better than a non distinctive name like Books4Less.

So, why do so many internet businesses choose such bad names? Possibly because when the internet was new, and there were few sites up and running, a common, generic name was an advantage. If you wanted to look for a site selling toys, you typed in “toys.com”. It was like an old fashioned grocery store. Whatever you wanted you looked for by its name. So, a common, descriptive name was the most direct way to communicate what the site was all about. However, the advantages of these descriptive names immediately disappeared once the numbers of websites grew.

Newcomers to the web nevertheless carry on copying what has gone before. They think a descriptive name is the way to go, and adopt such names in the misguided assumption that this is the correct approach. Just because many sites use common names doesn’t mean that a common name is the best strategy for your site. It only means that most internet operators are under group pressure to conform.

Guidelines for choosing online brand names

So, when you are choosing online brand names, try to emulate the successful internet businesses by choosing singular names like Amazon, Yahoo, Dell, Bebo, Facebook and Ebay. These are the businesses that have prospered and entered our collective consciousness, while the numerous generic named businesses that came and went despite enjoying serious venture capital backing have faded into oblivion. All they have left behind are valuable domain names that may have changed hands several times by now, and are principally valuable for search purposes. For example, books.com redirects to Noble & Barnes bringing extra traffic to that site.

Another point to bear in mind when choosing names is that on the internet there are no shop signs or geographic areas to attract passing traffic. With an offline shop called ‘Books’ someone driving past may notice the bookshop for reasons other than its name. For example, the shop may stand out due to its striking window dressing, or by virtue of its location, or simply because it is now there instead of the print shop that used to occupy that space. On the web, people will only find you through your brand name. So, the last thing you need is to get lost among a sea of similar names.



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Samantha Hartley asked:


Back when her unpopular TV show, “The Apprentice,” was on the air, Martha Stewart’s company lost 40% of its value. As the face (and name) of the company, people were clearly turned off by the experience of her in the “you’re fired” role.

Until then, we’d seen Martha striving for perfection in cooking, home decorating, entertaining, gardening and many other domestically oriented areas, all while cooing her catchphrase, “It’s a good thing.” We’d heard rumors she was a little testy behind the scenes, but who cares? I’d be cranky too if it meant my pies would turn out perfectly.

The bottom line in marketing terms was that her brand got dented in this experience, although I suspect it will rebound. Why? Because she has built…

An Authentic, Resilient Brand.

I’m not sure how many domestic divas can go to prison and still maintain their air of elite perfection, but somehow Martha did it.

Which other notable brand shot itself in the foot, only to spring back stronger than ever?

Coke Was It!

Coca-Cola was tarnished by the New Coke debacle in the 80′s but today occupies the top position in the list of the world’s most valuable brands.

HP (Hewlett-Packard) even had a “Board Leak” scandal, but it did not seem to affect sales. Like the other brands, HP is an incredibly respected brand that was able to withstand temporary trouble without hurting the company’s long-term performance.

What Makes A Brand Authentic And Resilient?

What we know of great brands is that they are trouble-resistant and resilient IF they have authentic value. Authentic value is seen in a track record of delivering on your promise, consistently, over time. It’s also about providing that which no one else can to a target audience that feels you understand their needs and exceed them.

Brands are resilient when those who feel loyal to them will tolerate small missteps, because the brand has made a difference in their lives. It’s like hearing a rumor about someone and saying, “What? Nonsense. I find that impossible to believe.”

People who feel a great loyalty to Walt Disney Company probably will not blame the brand for accidental deaths on park rides. One bad film from my favorite director certainly will not cause me to stop seeing his films. A single missed deadline from a vendor would rarely cause you to terminate him.

Just as in personal relationships, those who know you best and trust you will forgive you if you make a mistake or two. The key is creating goodwill and trust. I call that goodwill a brand: the experience I’ve had, as your client, of the best you have to offer and my trust (or expectation) that you will continue to deliver that value.

Now, how do you create authentic, resilient brands in your small business?

A Thousand Small Gestures

Michael Eisner, former CEO of Disney said, “A brand is a living entity – and it is enriched or undermined cumulatively over time, the product of a thousand small gestures.”

A thousand small gestures. Doesn’t it make sense that if, out of a thousand small gestures, one of them is inconsistent, my brand could still survive? However, if 200, or even 20, were out of character, then my value would be undermined.

Every interaction with your brand creates – or destroys – brand value for your company. Whether with you or your employees, your product or service, stationery or signs, storefront or office, your brand is affected. That’s why it’s so critical to examine all these touch points of your business to see what kind of experience you’re delivering.

Anyone (and anything) working on behalf of your brand must be delivering the value you promise – every single time.

Experiences that meet or exceed customer expectations greatly enhance the value of your brand and build resilience. Consistently positive experiences can ensure customer loyalty and spark word-of-mouth, an incredibly effective and profitable form of marketing.

Brand-Building To Do List:

1. Work to understand your authentic value from the point of view of your intended audience.

2. Examine the “touch points” of your brand. Are they consistently delivering the experience your clients expect?

3. Initiate one new, small gesture this week. How can you deliver more of your authentic value to your intended audience with your brand?



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Scott Lindsay asked:


There is a new concept in branding: online branding. If you want to know exactly what that means, you only have to take the traditional definitions of branding and adapt them to the Web. Then you’ll get a simple definition: online branding makes your visitors believe that you are the only answer to their problems.

Every business has a brand; so don’t go around saying “I don’t need a brand”. You have a business, the business has a name, and you’ve created a website, so… welcome: you are in the world of the online brands. It’s nice here: brands evolve, brands decline… it’s a tough world, but if you can manage to create a powerful trademark you are in for a great treat.

Why Is Online Branding Important?

An online brand is the experience a consumer has with you and your products. You have to make your clients feel good about their choice.

Online branding is not about placing your company logo on the upper left corner of a web page. Your slogan could sound all mighty for you, but slogans are made to be spoken: it’s hard to do that online without annoying your visitors. Writing your slogan in bold letters may work, or it may not. So how do you succeed if two of the most important branding elements are doomed? They are not. They just don’t work online as fast as other tools.

Brands should trigger emotional feelings that will determine consumers to buy. A good slogan could work, but it is not enough to have a slogan if the contents of your websites are not supporting its message. So what is your message? What should your potential clients really know about your brand? Is it reliable? All brands assert the same. Is it the best on the market? When it comes to an online brand people just need to know the real advantages and benefits.

At Burger King you “feel the fire”, Coca-Cola… you “love it!” Philips is about “sense and simplicity” and Panasonic gives you “ideas for life”… All these global brands have something in common: they back-up their slogans with powerful online and offline branding efforts. If you look at their websites you’ll notice they are all incredibly designed, user friendly and rich in valuable information. For example customers landing on a Philips page understand right away what the “sense and simplicity” motto defines. So when you build up your online brand make your values stand out.

Creating an Online Brand

Online branding is a science because the Web is evolving faster than brands. It is hard to build up an online brand, but not impossible. What do your customers first think of when they see the name of your company online? If your answer is “nothing” you are on the wrong path. When you build a brand online you have to force it and reinforce it. Force your customers to grasp it and once they do, remind them of their choice: newsletters, articles, press releases, emails, free giveaways and so on.

You cannot create an online brand if you disregard a few important aspects such as understanding your market and the reflection of business values through your brand. Success comes in little steps – branding is still a time-consuming and costly process. Yet online, there are some free opportunities. However, unless you are a branding expert yourself, you need professionals to take care of your branding campaigns.



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