Naming

Kick-Off and Briefing
Developing names efficiently and with focus requires a clear brief. We need to understand what services your brand offers and in which markets it will be active. We need to know the brand strategy and take the needs and preferences of the reference groups decisively into account when developing name proposals. Are there special requirements for the digital presence, which languages can we use or do explicit NO-GOs exist in the creation?

Name typologies
We distinguish names according to their informational or communication content. Purely descriptive names describe the business activity in a direct form. These generic names are not very differentiating and, due to their low distinctiveness, hardly protectable under trademark law (absolute obstacles to protection according to §8 MarkenG). Associative names communicate via image or symbol. Abstract names (so-called art words) are neologisms. Strategically less limiting, but they do not communicate precisely what they are about.

Evaluation
We analyze the verbal appearance of your competitors with regard to name typologies and linguistic tonality in order to avoid communicative overlaps. Based on the evaluation, we can make conceptual recommendations and set a valid direction for the following creative. Creative routes help us to develop a semantic range of names.

Name creation
Based on your briefing and creative routes, we first develop semantic word fields. They help us to find suitable terms or syllables that can be used to create names for your brand. The defined requirements for the future name may necessitate a relatively large number of name candidates, especially for international brands. In creative work sessions we develop names together with you, if you want to be actively involved in the name development.

Nomenclatures
Based on the defined brand architecture of your portfolio, we can also develop entire name systems for you. This involves the linguistic design of entire portfolios – especially for line brands that are based on an identical syllable or word component.

Classes of goods and services
All trademarks are registered in 45 classes of goods and services. Therefore, one or more of these so-called Nice Classes may be relevant for your trademark. Within each class, the goods and economic activity is additionally described in order to narrow down the scope of protection accordingly.

Trademark register
There are several trademark registers which are valid in parallel. In trademark searches, all relevant registers must be checked. In addition to the national trademark registers, there are European Community Trademarks (CTM) of the EU Harmonization Office in Alicante, which are legally binding for all countries of the European Union. Furthermore, there are international trademarks according to the Madrid Agreement for globally operating, worldwide trademarks.

Research
In order to present you with names that are not encumbered by older rights, we carry out initial trademark searches before presenting a name. We check the name candidates for identical hits, i.e. does this name exist in an identical form. In addition, we use search engines and, if desired, can also determine the availability of corresponding Internet top-level domains.

Similarity searches
In a final step, regional (RISS) or worldwide (WISS) similarity searches are recommended to increase security against collisions with third party rights. In corporate naming, a company name search according to the SIC codes of Dun & Bradstreet is also recommended for the identification of commercial register entries. We can coordinate these searches by a professional provider or the recommendation for further prosecution by an experienced trademark attorney. For cost reasons, these searches are only recommended for your favorite names.

Check for linguistic collisions
To identify unwanted meanings in other languages we can perform linguistic disaster checks for you. Especially for languages that require transcription into a different alphabet or character system. Here, native speakers point out cultural-linguistic incompatibilities in the name candidates. With the help of these checks, unpleasant surprises can be avoided.

Cultural acceptance tests
In order to obtain a qualitative assessment of names, we can also conduct cultural acceptance tests for you. In this case, a catalog of questions is compiled, which decisively inquires about and evaluates content-related aspects.

Trademark registration and monitoring
Trademark registration in the appropriate classes of goods and services and permanent monitoring lay the legally valid foundation for the value-oriented development of your trademark. Both are carried out by an experienced trademark attorney or your own legal department. We are at your disposal to advise you or to help you find the right trademark attorney.

Trademark
You can register your trademark in different forms at the German Patent and Trademark Office (DPMA) in Munich. It is advantageous to register a word mark, as this allows you to prevent competitors from using the name in question and to achieve a clearly unique linguistic position.

Combined word and figurative mark
In view of the large number of existing trademarks, it is becoming increasingly difficult to find the linguistically attractive gaps. Therefore, registration as a combined word and figurative mark is also possible. In this case, however, only the name in the chosen design is protected, provided that it has sufficient distinctiveness.

Trademark monitoring
In order to defend your trademark rights, continuous monitoring by a trademark attorney is required. The trademark attorney continuously monitors all new registrations – in Germany, for example, published in the Bundesregister – to ensure that no one infringes your trademark rights.