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Article Title:
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Has Your Company Name Landed You in Legal Hot Water? Renaming Tips
Article Description:
====================
The #1 reason business owners hire my company to create a new
business name within a week is they've received a
cease-and-desist letter from an attorney. Such a letter means
business. Never ignore it! Find out what to do about it.
Additional Article Information:
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506 Words; formatted to 65 Characters per Line
Distribution Date and Time: 2009-07-21 11:48:00
Written By: Marcia Yudkin
Copyright: 2009
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Has Your Company Name Landed You in Legal Hot Water? Renaming Tips
Copyright (c) 2009 Marcia Yudkin
Creative Marketing Solutions
http://www.yudkin.com/
The #1 reason business owners hire my company to create a new
business name within a week is they've received a
cease-and-desist letter from an attorney. Often sent by certified
mail, this legal document informs you that you are infringing on
the registered trademark of another company, and if you do not
stop using your company name after a specific date, you will be
the target of legal action. I.e., you will be sued.
Such a letter means business. Never ignore it! It requires prompt
action on your part.
In most cases, deciding to fight the case is foolhardy. It's
best to acquiesce and look for a new company name. Here are the
steps you should take.
First, read the letter carefully to determine what was
objectionable about the name you have been using. For example, if
they objected to you using a certain prefix or suffix, or a rhyme
of their name, you'll need to make sure that factor is high on
your list of criteria for the new name. Although this sounds
obvious, I've seen entrepreneurs get so angry or upset about the
demand to change their name that they don't proceed rationally
in selecting its replacement.
Second, identify the business goals and objectives that you want
the new name to meet. Who is the target market? What kind of
statement do you want to make about your company? How do you want
to be perceived? Should the name be cute or sedate? Trendy or
conservative? Emotional or matter-of-fact?
Third, brainstorm possible names. Along with this article,
you'll find a link to a free brainstorming guide for company
names. Also see if you can remember or find notes on the
runner-up names you considered just before you decided on the
name you now have to discard. Sometimes it helps to look at lists
of companies in your industry to trigger memories of important
keywords or naming approaches you like and dislike.
Fourth, use the business goals and objectives you identified in
Step 2 to reject names that will not work. Be ruthless in
eliminating names you may like but that do not get across the
proper message, don't fit your desired image or might not be
understood by customers. From the names that remain, select your
top three candidates.
Fifth - and please don't hate me for this! - hire an attorney to
check out your top three name candidates to make sure they are
legally in the clear. After all, this is the step you probably
skipped the first time around. One entrepreneur I know failed to
do this and had to change his company twice in one year, which
made him look extremely careless.
And last, take the time to live with your top choice for a few
days before finalizing it. Imagine saying it on the phone, at
business meetings, seeing it on signage and so on. Is it a name
you feel completely good about? If so, you're done.
Congratulations! If not, repeat some of the previous steps as
necessary.
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Marcia Yudkin is Head Stork of Named At Last, a company that
brainstorms creative business names, product names and tag lines
for clients. For a systematic process of coming up with an
appealing and effective name or tag line, download a free copy of
"19 Steps to the Perfect Company Name, Product Name or Tag Line"
at
http://www.namedatlast.com/19steps.htm
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