TIPS ON CHOOSING YOUR BRAND I. The Development of a Brand Name
A. What’s in a name?
There is great value to be gained from a strong brand name. The right
name clears the way for market acceptance. Thus, the development of the right brand name
is very crucial to he success of a product and the business. (www.ashtonbg.com, 2001). If
managed properly, a new brand name can become one of a company’s most valuable and
vital assets.
Businessmen believe that opportunity knocks only once. Thus, with a name, nothing can be
left to chance. There must be a conscious effort to develop a brand that is both
differentiating and trademarkable. Likewise, the business owner must ensure that the brand
name is successful in both its product introduction and its management over time.
B. “What is the Right Name?”, that is the question.
A brand name is right when it effectively performs two important functions:
1. The name gives recognizability to the new product.
2. The name lends a positive, relevant meaning to the new product. (“User-Friendly
Marketing Research, Dr. Ned Roberto, 1996, p.116)
Of the two, the latter function is more important because it embodies the essence of brand
name as the product’s “identity” or its “core indicator”. (Roberto, 1996, p.116)
Other considerations in choosing the right name are:
1. The name must be hard to imitate, especially once it has been established.
2. A name which is a mere product descriptor, especially of what the product does,
should be avoided.
A name which denotes what the product does reflects poor understanding of what a brand
really entails. The brand name must not describe the product; it should distinguish it.
(Roberto, 1996, p. 116)
3. The third consideration is important in countries where the language is ideographic
and based on Chinese characters. The ideographic character of the language must be
considered when developing and promoting a brand name. A study (Schmitt and Pan, 1994)
suggested that the consideration must include at least four linguistic aspects:
How the consumers in the countries regard a written name.
A name is like a work of art. This implies that in developing a brand name, the attention
must be on creating “distinct writings” for the name. It is the name’s calligraphic strokes
that count in making it both memorable and rich in imagery. (Roberto, 1996, p. 116)
Consider the characters composing the name as “sign symbols”.
Characters are inherently meaningful, even up to their smaller units. Thus, it is important to
make sure that there are no negative meanings in: (1) the whole name, (2) each of its
component characters, and (3) the character’s smaller units.
Beware of the different homonyms the pronunciations of the name’s
characters carry.
The spoken name may have homonyms with undesirable meanings. The right name for a
brand must sound good to consumers or at least have no negative sound associations.
The tonal character of the names as pronounced.
Cantonese and Mandarin are tonal so that a name with the same phonetic pronunciation will
have different meanings depending on how it is pronounced, for example, with a falling,
rising or flat tone. This suggests that the right brand name has no or minimal “tonal
confusions”.(Roberto, 1996, p. 116)
C. 4 Basic Types of Names, Their Advantages and Drawbacks
An important element in the development of a brand name that should be discussed in
greater detail is what type of name would best suit the entity in question.
1. Neologisms
A neologism, or new word, is a word that is created. Examples of neologisms are Pepsi and
Xerox.
Advantages of Neologisms:
a) The distinctive nature of new words would mean fewer trademark difficulties.
“Extremely inventive products and companies that represent new ideas can make their
names almost synonymous with the industry itself.” (www.ashtonadams.com, 2001)
Companies like Kleenex and Xerox practically invented their own product class.
b) Most neologisms can be understood and recognized in different languages, thus
neologisms are considered to be globally friendly.
Drawbacks
a) One problem with neologisms is that they have no meaning when they were first
introduced. This means that a company must invest more in the advertisement of its name
b) Most of the time, neologism does not speak of the product’s key benefit, thus
missing the opportunity to position the product using its name.
c) Neologisms might encounter difficulties in spelling and pronunciation, when first
introduced. Most of the now famous neologisms were mispronounced when they were first
introduced, a typical problem when introducing new words.
2. Current Usage Words
Contrary to Neologisms, Current Usage Words are words that already have meaning in our
language. The names People and Sprint are current usage names. “All send messages
about the product or company to which they are affixed. All possess an element of
description, but trigger something more in the minds of their market.”
(www.ashtonadams.com, 2001) This names are descriptive enough to inform but can
distinctively evoke positive images in the mind of the consumer. The name Polo refers to
clothing but also suggests sophistication and good taste.
Drawbacks
The problem with Current usage words is that their being too descriptive will proscribe
them to be legally owned and registered. For example, the word cola is not protectable
because it describes an entire product class, beverages from the Kola nut.
Current usage words can also pose problems in their translation to other
languages. Thus, one must make certain that the messages conveyed by these words are
all positive.
3. The Hybrid
Hybrids are combinations of current usage words or recognizable syllables. Like current
usage words, hybrids can send the right messages with the name. Moreover, one may
actually be able to communicate better with hybrids since the combination of words can
highlight several attributes of the product. The probability of legal problems is also less
since hybrids are not likely to be the same as other regular words. Like neologisms, hybrids
must be pronounceable and memorable. Like current usage words, they too must convey
positive messages. (www.ashtonadams.com, 2001)
4. The Acronym
Acronyms are collection of letters that send out a targeted message. Most acronyms have
technical backgrounds. Examples of such are ATM (Automated Teller Machine), GE
(General Electric) and IBM (International Business Machines). Acronyms like neologisms
are advantageous because there are less legal problems in their registration. The problem,
however, is that initially these acronyms mean nothing and may leave the customers’ minds
blank. Nevertheless, companies like AT&T which took the risk with acronyms made it big.
II. What is a Design/Design mark?
A. What Can You See?
Design mark is a brand’s graphical representation. It supplies the visual component
of a brand (www.ashtonbg.com, 20001) and tts power is measured by its ability to elevate
brand recognition and magnify brand imagery. When designing a visual identity, it is
important to understand the essence and the core message of a brand.The challenge is to
create a design that can distinctly and clearly communicate the brand’s key message. The
design must be powerful yet simple in form.
B. Elements Of Design
1. Illustration
Before, the logo development process begins with rough sketches. Today, with the new
technology, clip arts and digital illustrations took the place of sketches in logo development.
2. Typography
The process of assigning of fonts and typefaces is called typography. Fonts can convey a
myriad of emotions. It is therefore important to choose the right fonts to clearly convey the
brand’s message.
3. Layout
Lay-outing is the bringing together of the first two elements (the icons and illustrations) to
create a holistic appearance.. A good layout would make all the elements complement
each other to powerfully convey the brand’s message.
4. Color
Finally, color gives the finishing touches to the design. Different colors and their
combinations convey different emotions, moods and meanings. It is therefore a matter of
choosing the right colors to complement the story that would make the brand design
successful.
GUIDE TO TRADEMARK REGISTRATION
A. What may be registered?
All marks that are capable of distinguishing goods or services are registrable. Exceptions to this rule are:
Absolute Proscriptions
Where the mark:
1. Consists of immoral, deceptive or scandalous matter.
2. Consists of the flag or coat of arms or other insignia of the Philippines, or of any
foreign nation , or any simulation thereof.
3. Consists exclusively of signs that are generic for the goods and service that they
seek to identify.
4. Mark/s contrary to public order or morality.
Relative Proscriptions
Where the mark:
1. Consists of a name, portrait or signature identifying a particular living individual except
by his written consent, or the name, signature, or portrait of a deceased President of the
Philippines, during the life of his widow, if any, except by written consent of the widow.
2. Is identical with a registered mark belonging to a different proprietor or a mark with an
earlier filing or priority date, in respect of (i) the same goods or services, or (ii) closely
related goods or services, or (iii) if it nearly resembles such a mark as to be likely to
deceive or cause confusion.
3. Is identical with or confusingly similar to an internationally well-known mark.
4. Is likely to mislead the public, particularly as to the nature, quality, characteristics or
geographical origin of the goods or services.
5. Consists exclusively of signs or of indications that have become customary or usual
to designate the goods or services in everyday language or in bona fide and established
trade practice.
6. Consists exclusively of signs or of indications that may serve in trade to designate the
kind, quality, quantity, intended purpose, value, geographical origin, time or production of
the goods or rendering of the services, or other characteristics of the goods or services.
7. Consists of shapes that may be necessitated by technical factors or by the nature of
the goods themselves or factors that affect their intrinsic value.
8. Consists of colors alone, unless defined by a given form.
9. Is contrary to public order or morality.
B. What are the requirements of registration?
1. A request for registration.
2. The name and address of the applicant.
3. Applicant’s nationality or place of domicile or the name of a State in which the
applicant has a real and effective industrial or commercial extablishment, if any.
4. Where applicant is a juridical entity, the law under which it is organized and existing.
5. The appointment of an agent or representative, if the applicant is not domiciled in the
Philippines.
6. Claim of priority, if any.
7. Claim of color, if any.
8. Where the mark is a three-dimensional mark, a statement to that effect.
9. Reproduction of the mark and facsimiles thereof.
10. A Transliteration or translation of the mark or of some parts of the mark.
11. The names of the goods or services for which the registration is sought.
12. A signature by, or other self-identification of, the applicant or his representative.
C. The Process of Trademark Registration
1. Filing of Application.
Applications must be filed with the Bureau of Trademarks (BOT) of the Intellectual Property
Office (IPO). A duty officer is assigned to receive the request for registration. Once the
application is submitted to the duty officer, a formality examination takes place. In a
formality examination, the duty officer checks if the application complies with the following
requirements needed for the grant of a filing date:
a) An express or implicit indication that the registration of a mark is sought;
b) The identity of the applicant;
c) Indications sufficient to contact the applicant or his representative, if any;
d) A reproduction of the mark whose registration is sought; and
e) The list of goods or services for which the registration is sought.
The Duty officer then issues an order of payment to the applicant An Application Number is
issued after payment of the filing fee.
2. Search
The Application undergoes a search process. Through search, it will be known whether the
trademark applied for has similar or identical marks.
3. Substantive Examination
An examiner will be assigned to assess the registrability of the application pursuant to the
rules.
The examiner communicates with the applicants through mail. When all requirements are
complied with, the mark is allowed, otherwise, the application is rejected.
4. Publication for Purposes of Opposition.
After allowance by the examiner, the application is published in the IPO Gazette to give
chance to those who might be damaged by the registration of the mark to oppose said
registration.
5. Registration
Upon certification by the Director of the Bureau of Legal Affairs that no notice of opposition,
whether or not verified and whether or not by means of the original copy, has been filed
within thirty (30) days from the date of release for circulation of the IPO Gazette publishing
the application for opposition, and upon payment of the required fee, the office shall issue
the certificate of registration. The issuance of the certificate of registration shall be
published in the IPO Gazette and shall be entered on the records of the Office.
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