Forums: Discussions for entrepreneurs and small business.

Thank you to both of you. I have many ideas and questions. I will put aside all of my inhibitions and go for it.  I read the forum daily and know of this brightness and experience. Thanks again, Joan 

Brainstorming works best with small group of people face-to-face. I`ve never gotten good results on line. We brainstorm at each session of the Denver IDEA Cafe, join us here, or start and IDEA Cafe Meetup group near you that can brainstorm this and all the other problems/opportunities that will come up as you get started. See http://ideacafe.meetup.com

 

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John S. Wren, MBA.+
Ben Franklin`s Small Business Chamber of Commerce, Inc.
Ideas into action since 1727.+
www.JohnWren.com+
JohnSWren@aol.com+(303)861-1447

Hi Joan,

Just thought I`d jump in here.  I launched a cookie business two months ago, which I`d been working on for a year.  I named mine The Cozy Cookie Company and chose the url www.CozyCookies.com.  One thing I noticed *after* I reserved the url is that there is another site called CozyCookie.com which sells a cookie-shaped toy.  Not the end of the world, but now when you search on "cozy cookie", that website shows before mine.  So my advice is to at least do a search on your proposed name and see what you find.  For example, if you want to use "Joan`s Marvelous Cookies", then do a google search on that.  For all you know, you might find a "Joan`s Marvelous Bowling Shoes" hogging the first several results pages.  This would make it hard to find you online...and also puts a very un-cookie image in people`s heads.

BTW, I think your first name would sound great in your business name.  "Joan" has a homey comfy ring to it.

Jennifer

www.cozycookies.com

 

Would a cookie taste as sweet by any other name?

A cookie is a cookie is a cookie.

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John S. Wren, MBA.+
Ben Franklin`s Small Business Chamber of Commerce, Inc.
Ideas into action since 1727.+
www.JohnWren.com+
JohnSWren@aol.com+(303)861-1447

Wow, Craig, good call!

Joan, a little known provision of the cookie rule is that Joel Welsh, as Chief Community Officer, is empowered to receive the afore mentioned cookies on behalf of the whole community. To qualify for this loophole the cookies have to arrive at StartupNation headquarters precisely at 11:30am on the first Monday of the month. (Can`t blame a guy for trying. I`m meeting Joel for lunch on Dec 4th, my first day of freedom!)

About the business name. If your cookies are outstanding it doesn`t really matter what you call them; they`ll sell anyway (anyone care for some Peek Freans?) If they`re not, it doesn`t matter how good the name might be.

I like the name Sweet Waldo. If you go with it, get both names, with and without the `s`, and get the .com, .net, .org, etc, within reason to further protect the name.

The business name doesn`t have to be the same as the product name and you can do multiple brands. I`m thinking about a second brand applyingmuch of what I`ve learned (the hard way) from the first.

I highly recommend From Kitchen to Market: Selling Your Gourmet Food Specialty.

Good luck and do stick around StartupNation. It`s helping us almost every single day.



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Actually, I`m in the Chicago area, but my brother moved out to the Coos Bay area, and just bought some land somewhere south about an hour. I don`t know the town name yet. We`re from the East coast, as a family, but we all moved away.

What I`d recommend is that you contact Joel, as he can Fed Ex you a copy of the Startup Nation high laws and bylaws. Don`t be alarmed, they encompass approximately 12,000 page (although based on the "Can we start a business..." thread, I suspect another 10K have been added). Just read them through as you would any contract, and you`ll see that it`s true--every member receives a cookie from any startup planning to enter the cookie business.

I realize this will be some work for you, but Joel can explain it all much more quickly, if you don`t have the time. Otherwise, Steve is a second authority on the process. What`s most important is that you know it`s true because you saw it on the Internet.

I am a trademark attorney (and StartupNation member) and would like to offer some general advice about naming your new business or product line.  Coming up with a strong and protectable name is not always easy -- but it is worth the effort to make sure that your name is not going to be a problem by infringing someone else`s trademark; and to make sure that your name can be protected so that if someone copies your name, or registeres an identical domain name, you have some recourse.

Strong Vs. Weak Marks
Some trademarks are entitled to greater protection than others. There are five basic types of marks, in order from those with the most protection to the least, they are:
Coined: completely new and made up terms (such as Exxon® and Kodak®).
Arbitrary: not made up, but unrelated to the goods or services (such as Yahoo!®).
Suggestive: words which relate to the goods or services, but are not descriptive of them (such as "Apple-A-Day" for vitamins).
Descriptive: terms which can be used to refer to a product or services (such as "Wireless" for a cellular phone).
Generic: words which are commonly used to refer to a good or service, or answer the question "what is it?" (such as "Laptop" for a portable computer)

Coined, arbitrary and suggestive names are generally able to become registered trademarks, provided someone has not already registered a confusingly similar mark for a related product or service. Coined and arbitrary marks are given the `strongest` protection and are thus the most desirable. Descriptive marks may sometimes be registered, but generally are afforded less protection. For this reason, descriptive marks are considered `weak.` Generic trademarks are the weakest of all - they are entitled to little or no protection.

Why is it important to perform a trademark search before filing a trademark application with the USPTO?
If another business has already registered a similar name in your field, an application to register your proposed name could be refused by the USPTO. And even if there are no similar registrations, another business using a similar name prior to your date of first use may have superior rights and could affect your rights to the name – even suing to block a registration or to stop your use of the name. A comprehensive search is the best way to assure that your investment in protecting and marketing a name will be protected.

I hope this is helpful for you as you chose a name for your business.  If you would like more information or a free consultation, please see my website at www.tm4smallbiz.com

- Erik Pelton
emp@tm4smallbiz.com

[Note that this is not considered legal advice.  You are advised to consult an attorney before chosing or using a new trademark.]




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tm4smallbiz.com - trademarks for small businesses

Erik M. Pelton, Attorney at Law
Top 10 National Attorney Award Winner - 2005 NameProtect`s Trademark Insider®

ph: 703-525-8009
fax: 703-525

This brings up a question I`ve been curious about for years---Kleenex. Originally, I would suppose the company (3M? Scott?) created a "facial tissue," and needed a name. So they called it "Kleenex." It was a fine name for a completely new product, implemented to replace the linen handkerchief.

It was so successful people started identifying any paper tissue as a "kleenex," as in "could you hand me a kleenex."

What happens with that? Is it the company`s choice as to if they`ll bring legal action? Against whom...all of society? Or do they shrug and accept that tremendous marketing boost in the beginning? Then what about when everyone who produces paper tissues, regardless of the name, like "Puffs," for example, has customers buying a box of "kleenex," with a different name?

Kind of the same with a Xerox machine, regardless of it being a Fujitsu, Canon, or any other. People say, "Go xerox a copy of this file," and the person goes to a Canon photocopier. The product name became a verb, just as we now "google" someone to find out their information.

Craig,

It is possible for a name to become "generic" over time.  Aspirin used to be a trademark, as did Yo-Yo and many other names.  But once a trademark is registered, it generally is enforceable unless someone file a legal proceeding to cancel the registration based on the genericness.

Google is certainly in danger of becoming generic, but its attorneys are working hard to enforce its trademark and police how people use the term to keep it from losing its value and registration.

- Erik Pelton


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tm4smallbiz.com - trademarks for small businesses

Erik M. Pelton, Attorney at Law
Top 10 National Attorney Award Winner - 2005 NameProtect`s Trademark Insider®

ph: 703-525-8009
fax: 703-525

Erik--

At what point is it not possible to protect a business name?

If I`ve already started operating and using a name, can I go back and protect it later?

And what if I`ve started using a business name, but I don`t tell people I`ve protected it legally?

Finally, what if I`ve protected it legally, disclosed the fact that it is protected, but when I see others using the name I allow their use to continue?

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John S. Wren, MBA.+
Ben Franklin`s Small Business Chamber of Commerce, Inc.
Ideas into action since 1727.+
www.JohnWren.com+
JohnSWren@aol.com+(303)861-1447