Home – New Forums Starting your journey The Name Game…. Reply To: The Name Game….

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JacquiPryor
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I agree with Paul. Obviously difficult for me to get into the head space of “if IP wasn’t an issue” haha. The moral/ethical question is a relevant one, and connected to the IP question often. Exactly per Paul’s example with Dunkin Donuts – it would likely be ‘bad faith’ to register a .com.au knowing of the brand (even if they hadn’t registered trademarks etc in Australia) and likely not moral as the .com.au owner would have to know about that brand and you would assume trying to piggy back of their reputation (which, becomes an IP issue again).

That said, we have side tracked from your original post into a discussion about domains –

1. What should be the most important criteria for business/brand name?”

The short answer in my view (and yes, unsurprisingly) is that the use of the name should be ‘safe’ – not infringing rights, not amounting to bad faith use, able to be registered/protected and enforced etc.

I don’t love ‘generic’ names as they are notoriously difficult to use exclusively or protect and enforce (although realestate.com.au has just been registered as a trademark after a long battle to get it through); I like funky/clever names – plays on words. For my own brand it combines a bit of a play on words (Mark My Words) but the full company name includes “Trademark Services” so it still tells people what I do, but, if at some time I wanted to drop that descriptive element I’d have my catchy little name still in play.

I don’t think a brand has to be descriptive/generic to be successful or found. Think about Google for example. We all know the brand now, but really – what does it mean? When it first was created, it certainly wouldn’t have indicated an internet search engine. Likewise Apple – originally we would have all just thought about fruit; it isn’t a descriptive term for computer related goods/services etc. I think (noting I am certainly not an expert in SEO or marketing) that pretty much any brand could be noticed/succeed with the right marketing and advertising strategies etc. So, back to the original question – maybe there isn’t a ‘most important’ criteria?