Trademark Searching

Once you’ve settled on a a name, it’s time to search whether or not anyone else is already using the name for the same purpose.  Remember, I’m not an attorney and none of this is legal advice.  I’m just sharing the hoops I jump through myself each time a new endeavor needs naming. 

First, I like to start with the United States Patent and Trademark (USPTO) website:  http://www.uspto.gov

On the USPTO’s website, you’ll see three large sections: 1) Patents 2) Trademarks and 3) IP Law & Policy.  In the Trademark section, click the “Search Marks” option.  It’s the second one down on the list. 

This will take you to a page with a box reading ”Select the Search Form.”  Click the first option, “New User Form Search (Basic).” 

 This takes you to the search screen.  Don’t change any of the default settings.  Type your word or phrase in the box labeled “Search Term.”  Don’t change any of the default settings below the Search Term box either.   When you’ve typed in your word or phrase hit the enter key on your keyboard or click the “Submit Query” button near the bottom and to the far left of your screen. 

If you’re lucky, the next screen you see will say “No TESS records were found to match the criteria of your query”  If this does happen, you’ll want to think of shorter or similar spellings of your word or phrase to search.  For example, when you search “innoveering” nothing is found.  However, searching “innoveer” turns up two results. 

If your query does reveal results, all is not yet lost.  Look to the far right column in the search results and see whether the mark is designated as “LIVE” or “DEAD.”  Unless there are a lot of dead marks, I only check out the live ones.  If there are a lot of dead marks, you want to investigate a litte and see if you can figure out why.  You don’t want to end up having to abandon your mark for the same reason they did.  Also, as boring as it may be, check out all the LIVE marks.  I recently had a query turn up over 280 results and the very last one I looked at was a small but aggressive company that had sued many other entities for trademark or copyright infringments.    

To check out the live marks, click on the entry.  I tend to click on the word “LIVE” because it’s easiest for me.   What’s most interesting on the next screen is the second row labeled “Goods and Services.”  There will be a number here designating a class and then some words.  If you’re lucky the words describing the goods and services will have absolutely nothing to do with your purpose for using the word.  In the case of “Innoveer” the description reads “providing consulting services to clients in the fields of customer relationship management and customer management.”

You’ve read my blog and know this isn’t anywhere close to what I do.  Just to be safe though, I added an “ing” (I’ve always been a big fan of the active voice) and “Nebraska” (I love Nebraska and am proud to claim it).

If your USPTO search does turn up a similar live result with a similar description,  go back to the lists you created while describing your endeavor’s wabi-sabi (see the blog entry right before this one if none of that makes sense).

Once you have a name or phrase that passes the USPTO search, repeat your search with your favorite search engine (Google, Bing, Yahoo, etc.).

I hope this is helpful.  It has to be the most boring post I’ve ever made.  If you’d like another, broader take on the topic, you should check out Erik Heels’ blog here.  This is an important topic and worth the time and effort to research.  Good luck and happy searching!

What’s in a Name?

The issues of  naming things and trademarks have been popping up a lot lately in my conversations.  I’ve also received a lot of questions about these topics in the last two weeks and the Wall Street Journal ran a good piece on Thursday by Emily Maltby titled “Name Choices Spark Lawsuits.” 

Right from the start I make it clear to everyone – and I want to make it clear here – that I’m not an attorney and none of this is legal advice,  I’m only sharing what I do for myself to ensure that I’m on solid ground with regards to the words and phrases I’m using. 

“Solid ground” is a great phrase for discussing trademarks right now because words are the new real estate.  There are only so many real words, so many combinations of letters that make new memorable words and only so many desirable .extensions. 

Although I have a theory on the .extensions.   According to my father, back in the day AM radio was where it was at.  FM was so ungroovey that no one would touch it.  And then something happen (the dial became too crowded?) and suddenly all the newest coolest stations where on FM.  It seems likely that the same thing eventually will happen to the .com extension.  When and which new extension are the big questions.   

But how about right now?  How do you find the best real estate?

I start by thinking about what is the essence of the thing or concept I’m trying to name – its wabi-sabi.  I make lists of snippets of language that fit and are descriptive.  I’m not discerning at this point and I’m not picky about whether terms contradict themselves.  The more you list, the easier it will be to find the trends that lead to the real essence of your new endeavor.  On rare occasions this step might only take an afternoon.  More often, this will be something you pick up and put down several times.  The key is to keep all your notes together in one place so nothing is lost. 

For example, when I was naming Innoveering Nebraska, my notes went on for pages and included “entrepreneurs, innovation, basic and understandable, new approach, new frontiers, educational, trying new things, bravely trying new things, not being afraid to fail, sensible and adventuresome, pioneers…and on and on. 

Once you’ve identified the true essence/wabi-sabi of your new project, identify the words or phrases in your notes that fit best.   In my example entrepreneur, innovation and pioneers  seemed to embody the concept of bravely and practically doing something new and different.   

I wasn’t thrilled though.  Pioneers is such an old fashioned word, entrepreneur is so vague and innovation has been overused to the point that I saw it on an old rusted out service truck one day.  (I think it was innovation plumbing.)

Which brings us to the next step (which some of you may get to skip if you’re content with one or more of your wabi-sabi words). 

  • Are there any similar but better words that have the same or even a better meaning than your wabi-sabi words?  Brainstorm and make a list.  For example, if water is on your wabi-sabi list you would make a list of  water words – rain, pond, ocean, wet, pool, facet, ice, steam, river, stream, etc.
  • Can any of the words be combined to convey a clearer meaning?  (Matt Secoske’s NimbleLogic is my current favorite in this category.  You want your software to be logical, but also flexible/nimble)
  • Can you smoosh any of the words together to convey a new and/or better maning?  This is what I ended up doing for Innoveering.  It’s a combination of pioneer and innovation.  Also, a new word suits its meaning.  If your goal is to pioneer a new way of looking at innovation and entrepreneurship as something everyone is capable of doing, establishing a new word is good place to start. 

The next steps describe how to check out the landscape – how to determine if anyone has beat you to this particular real estate.  It seems like a good breaking point so I’ll describe the next steps in another blog entry.

In the meantime, remember that there is a lot in a name.  The perfect name can convey just the right meaning.  It can also serve as a great, memorable handle for what you represent.  Words and names are important and deserve your time and effort.  Of course names aren’t everything – but I think that’s yet another blog entry. 

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Feeling Giving?

We’ve all heard the expression needy, but what do we call the opposite?  What is the best word for that feeling of overabundance which compels us to give.  Oh you may not have donated a building to anyone yet, but you know what I’m talking about.  You’ve given crazy generous tips, went overboard shopping for a Christmas gift donation or generously given of your time and talents.   

I think the word is giving.  And I think sometimes we feel giving and simply must find a way to give.  But giving can be tricky – especially when it’s on a large or global scale.  We want to give wisely, to give effectively and to give compassionately.  We definitely don’t want to do harm with our giving. 

If you’re curious about giving well, The Blue Sweater by Jacqueline Novogratz is a must read.  The last third of the book does an excellent job of explaining and demonstrating how strategically investing in local entrepreneurs creates positive social and economic changes in communities. 

The first two thirds of the book are an important read too though.  It’s an autobiographical description of Novogratz’s experiences and revelations in working to improve economic conditions in impoverished areas – both overseas and in the US.  In telling her story, she’s done an excellent job of bringing the reader through her emotional and intellectual revelations.  By the time you reach the last third of the book, you are ready to hear and understand the practical aspects of giving she’s provided through the Acumen Fund

The innoveers amongst us will recognize universal struggles of businesses, relish technological and market insights and probably be left with a residual feeling of giving. 

Work hard!  There is much to be done in the world.

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Second Opinions

It’s been awhile since I’ve been able to write.  In the last month two long term issues intensified (a lack of resolution in a business situation and crime in my local neighborhood).  Additionally and completely unexpectedly, my father was diagnosed with a rare and particularly nasty cancer.  He went in for an emergency appendectomy and came out with a horrible cancer. 

Like a terrible after school special, all three situations have taught me one lesson:  Always get a second opinion.  No excuses.  I don’t care if you’re in shock from the diagnosis or frightened by the bullying threats or whatever your situation may be.  Ask for help if you can’t find the second opinion on your own – but get the second opinion.

Those second opinions can save your business, your finances, your neighborhood and prolong the quality life of your loved ones.  Really.  Second opinions can save lives.  Get them.

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