Lexicon® Blog

Posts Tagged ‘trademarks’

How to Survive A Panda “Attack”

In Brand Name Development, Brand Naming, Branding, Business, corporate naming, Naming, Naming Research on August 14, 2014 at 10:42 am

Create a distinctive and memorable strategic marketing tool…
your brand name

Pandas, penguins and hummingbirds typically evoke warm, feel – good thoughts. That is unless your company misses out on valuable web traffic after changes to search engine algorithms impact where your company ranks on search engine results pages – or if it shows up at all.

When released by search engines, these types of algorithmic changes while called cute animals like pandas, penguins and hummingbirds, can cause your brand to get lost amongst vague descriptions unless consumers are searching for it by name. According to Glenn Gabe’s recent post on Search Engine Watch, “…I unfortunately saw many companies get pummelled…losing more than 60% of Google organic traffic overnight.” One of the best defenses against pesky “pandas” – invest in creating a strategic, marketing tool – a distinctive and memorable brand – that consumers easily recall when researching or buying your product.

It’s clear to us at Lexicon Branding why brand names matter and how a thoughtful approach to this key asset can help companies rise to the top of search engine results pages on the “wild” worldwide web:

• The most successful marketers use both scientific research and creativity to create distinctive and memorable brand names. It is more than simple word play to create a brand that sticks in the mind. Memorable brands endure and resonate by combining a minimum of three facets – semantics or meaning, sound and letter structure.

• Brands need to stand out and work across the globe in multiple languages and various multi-media formats. This is becoming harder to do given trademark registrations continue to increase. For example, global class 9 trademark applications more than doubled from approximately 259,000 in 1984 to exceeding 530,000 by 2013. Lexicon predicts globally by 2017 there will be 55 million trademark applications across the existing classes.

• A distinctive brand name is perennial, not perishable or easily forgotten. Thus, algorithms can change and the organic traffic generated by your brand survives because it was built to last.

How can your name successfully navigate the 2 million web searches conducted every minute?

The right brand name is a fundamental element of strategic marketing that creates value by being distinctive and memorable as well as elevating the conversation. It evokes feelings typically followed by action. The best guard against changes you can’t control is to invest in your brand so that consumers will ask for it by name – whether they’re shopping in a traditional bricks-and-mortar store or typing it into the search bar.

— David Placek, President, Lexicon Branding

Defy Description

In Brand Name Development, Brand Naming, Branding, Business, Food & Beverage, Naming, Trademark Law, Trademarks on March 10, 2014 at 3:05 am

Your brand name should be the one thing competitors can’t take away from you. That’s not the case if your name is too descriptive. The Trademark Trial and Appeal Board, the crime and punishment division of the United States Patent and Trademark Office (USPTO), doled out an important lesson last month.

Two lessons, really.

pretzel_crispsThe first was that, even though you may have a trademark for a number of years, as in the case of Pretzel Crisps, a brand of “flat pretzel cracker”, introduced in 2008 by the Snack Factory of New Jersey – you can still end up losing it, regardless of how well business is doing.

The second, and more important lesson, is that being too descriptive with your trademark can set you up for trouble…which is why Warren and Sara Wilson, the inventors of Pretzel Crisps are now likely scrambling to figure out what to do where the name of their popular snack is concerned.

The Pretzel Crisps name had already been relegated to the Secondary Register, which is a kind of trademark purgatory reserved for brand names deemed descriptive enough that only minimal protection can be offered. In this case, both the words Pretzel and Crisps are widely regarded as being generic and only the instance of the two words appearing together is considered to constitute a trademark.

But then snack food giant Frito-Lay, owned by Pepsico, decided to oppose the mark, arguing that Pretzel Crisps cannot be registered as a trademark because the phrase itself constitutes a generic term. “Like ‘milk chocolate bar’, the combination of ‘pretzel’ and ‘crisp’ gains no meaning as a phrase over and above the generic meaning of its constituent terms”, the company wrote in a motion to the USPTO back in 2010.

According to the New York Times, Princeton Vanguard, the LLC that owns Pretzel Crisp and Snack Factory, and filed for the trademark, has spent $1 million in legal fees. Not much, considering Pretzel Crisps has grown quickly, with over $100 million in sales in 2011. But it was a million bucks spent to find out that they no longer hold a trademark on their own name.

What the makers of Pretzel Crisps do next is anyone’s guess, but an expensive name change is one likely scenario. A scenario that could have been avoided by considering names that could have effectively supported the snack chips’ attributes and taste profiles, while steering clear of simply describing what they are.

— Lexicon Branding