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Having the courage to tackle a naming project in a different fashion will save you time, money, and headaches.

Choose Us To Tackle One Of The Most Important Decisions You Will Make

I’m David Dawsey, and I have spent 19 years as an intellectual property attorney observing business owners, new product development teams, and brand managers struggle with developing great names for their products and services. Actually, the struggle generally isn’t with finding a great name; the struggle generally centers more around coming up with a great name that is also protectable. You know – a name that one can build a brand around, a name that really stands out from the competition, and most importantly a name that provides the foundation of a solid trademark protection strategy (the foundation of a brand building strategy).

OUR PROCESS

There are TWO typical scenarios:

The Naming Newbie

The first scenario involves a business owner about to (a) open a new facility, perhaps a restaurant, bike shop, etc., (b) launch a new product, perhaps a line of construction equipment, nutritional supplements, etc., or (c) offer a new service, such as mobile pet grooming, software-as-a-service, etc. After months of brainstorming, bouncing ideas off friends, and assessing competitor’s names, the business owner has fallen in love with a name. They dream about it, the products they are going to see on store shelves, or the signs displayed in front of hundreds of franchise locations, all displaying their beloved name.

The business owner is mentally committed to the name; after all, it’s perfect. Only after seeking the opinion of a trademark attorney do they realize there are cracks in the foundation and risks to be considered. Maybe the name is unlikely to be protectable with trademark registration because it is too similar to a prior registration, describes the product or service, incorporates a common surname, or is geographically descriptive (or misdescriptive). Or, there may be such a glut of similar unregistered uses of names that even if trademark registration is achieved, the enforceable scope of protection would be so narrow that it has no teeth and little ability to keep others from using similar names; not to mention the potential risk of one of these prior “common law” users taking issue with the name. Worse yet, the name may be one that will piss off an established brand owner, resulting in an opposition proceeding, cease and desist letter, or actual litigation.

Now the deflated business owner must wrestle with the fact that their beloved name may not be as great as they thought, and they may face the stages of grief (denial, anger, bargaining, depression, and acceptance). Sadly, we see many naming newbies get stuck in the bargaining stage, rationalizing why they should stick with their beloved name; a mistake whose consequences may not be fully appreciated until years down the road. The fortunate few that recognize the gravity of the situation and go back to the drawing board often repeat the vicious cycle over and over, hopefully getting better each time. Finally they arrive at a name they can “live with,” but become incredibly frustrated in the process, wasting time and money, and often feeling that nothing can live up to their first love, that first name they had their heart set on.

The Naming Veteran

The second scenario centers around a naming veteran that has survived the “naming newbie” process a time or two.

They are wise and realize that the product naming process is iterative in nature. Along the way they have learned that when making a significant investment in a launch with a new name, hiring a naming expert will generally ease the process. When it goes well it is a fun process for all involved and the result is a great name that is protectable. Unfortunately, the really seasoned veteran knows what happens when this process goes off the rails. The most common reason a professional naming project goes off the rails is that the appointed naming expert focuses too much on the creative process and blue sky vision of a brand, and very little on trademark protection and legal risks.

What do I mean? Well, every naming expert is going to say that they do some form of “trademark clearance,” most commonly referred to as knock-out searches (and good luck trying to pin them down regarding the scope of the clearance and the qualifications of the person performing it). Most brand naming gurus will say such “clearance” is performed at various stages throughout a product naming project, but cautiously will always advise that the client is responsible for the final trademark clearance and protection. In reality this “guru speak” can generally be translated to “we have an intern, or an assistant, with no substantive legal training, play around on the trademark office website and see if any obvious landmines jump off the screen and slap us in the face.” Having read “scenario 1,” I am sure you can predict the outcome.

Unfortunately, things generally don’t go off the rails in the professional naming process until after the team has been sold on a name and a vision for the brand. Then, upon conclusion of the naming project, a brand manager takes the name to their in-house legal team for final clearance and protection, which is the point at which the cracks in the foundation are revealed. What happens next? Well, I am sure every seasoned veteran has their own war stories regarding uncomfortable conversations with branding agencies, but a good result would be another round through the process, hopefully at a greatly reduced fee and involving substantive legal clearance at multiple points in the process (and this is assuming the relationship hasn’t been ruined by a blow-up between the parties).

Eventually every brand manager will realize there has to be a better way to develop great names that are also protectable (and low risk)!

Why does the naming process generally play out like the above scenarios? Unfortunately the only logical reason is because it has always been done this way, and no one has offered a better solution. This is CRAZY, but it happens daily, and even at companies that focus on “processes” in every other aspect of the business. You have been trained to do product naming backward and you’re losing time and money because of it.

I am done sitting by and watching this cycle occur over and over again. Attorneys are brainwashed to believe “attorneys are to only advise clients on the legal issues and leave the business issues/decisions to the client.” In the role of trademark counsel, each time a client came back for a legal opinion on an additional round in their naming process, I would gently guide them toward an article, a podcast, or a book, and provide some subtle non-legal guidance in hopes that they would have an “aha” moment.

One day it hit me, this is nonsense – I have so much more to offer! Having provided over a thousand trademark search opinions, I feel like I have seen almost every mistake that can be made in the naming and brand building process. I consume product naming content like it is water, and as an engineer I am driven by process and not emotion (and am therefore less likely to fall in love with a name and try to rationalize it – while still being creative as hell). Sure, having a name that may evoke emotion is great for certain products and services, but it is the emotion of the consumer that matters, NOT the emotions of the product naming team.

For years I have been asking myself – why am I not offering a product naming service? Not just the same old process, but something new and different, something that prevents the client from prematurely falling in love with a name, a process I believe in so much that I back it up.

Therefore I decided to launch the Wobble™ naming service; a service only offered to those that have been through one of the above scenarios. Why? Because once you have been through the highs and lows associated with these scenarios, you will have an appreciation for the service we provide – specifically a result, not a “guru” process. With the Wobble™ naming service you’re buying the destination, not the plane.

Which of these situations is more appealing to you?

Having the courage to tackle a naming project in a different fashion will save you time, money, and headaches.

Eventually every brand manager will realize there has to be a better way to develop great names that are also protectable (and low risk)!

Why does the naming process generally play out like the above scenarios? Unfortunately the only logical reason is because it has always been done this way, and no one has offered a better solution. This is CRAZY, but it happens daily, and even at companies that focus on “processes” in every other aspect of the business. You have been trained to do product naming backward and you’re losing time and money because of it.

I am done sitting by and watching this cycle occur over and over again. Attorneys are brainwashed to believe “attorneys are to only advise clients on the legal issues and leave the business issues/decisions to the client.” In the role of trademark counsel, each time a client came back for a legal opinion on an additional round in their naming process, I would gently guide them toward an article, a podcast, or a book, and provide some subtle non-legal guidance in hopes that they would have an “aha” moment.

One day it hit me, this is nonsense – I have so much more to offer! Having provided over a thousand trademark search opinions, I feel like I have seen almost every mistake that can be made in the naming and brand building process. I consume product naming content like it is water, and as an engineer I am driven by process and not emotion (and am therefore less likely to fall in love with a name and try to rationalize it – while still being creative as hell). Sure, having a name that may evoke emotion is great for certain products and services, but it is the emotion of the consumer that matters, NOT the emotions of the product naming team.

For years I have been asking myself – why am I not offering a product naming service? Not just the same old process, but something new and different, something that prevents the client from prematurely falling in love with a name, a process I believe in so much that I back it up.

Therefore I decided to launch the Wobble™ naming service; a service only offered to those that have been through one of the above scenarios. Why? Because once you have been through the highs and lows associated with these scenarios, you will have an appreciation for the service we provide – specifically a result, not a “guru” process. With the Wobble™ naming service you’re buying the destination, not the plane.

Which of these situations is more appealing to you?

Let’s be clear, if you are looking for a name consultant with a huge portfolio of past projects, move on. What we have to offer is in-depth knowledge of trademark law and years of experience advising brand owners on proposed names. What do you think of our name? I have fresh ideas and come at it from a legal perspective; not the stale old habits of the typical naming agencies.

The Wobble™ naming service provides you with the substance, and confidence, to take the result of your naming project to your legal department. What do I mean when I refer to “substance”? Just read about the legal research and opinion that accompanies each name associated with a project. If you don’t have the courage to try something different, you shouldn’t be surprised when you get the same results, outcomes, and headaches you have encountered in the past.

Still have some reservations? I would be disappointed if you didn’t. After all, who the hell is Wobble™ naming? See if our refund policy provides you with some comfort. Additionally, if you have an existing naming engagement with an agency and aren’t experiencing the results you desire, see if you qualify for one of our no-risk engagements. How about that, we back up our work with our pocket book – do your existing naming consultants do the same? Interested? Call 614-228-6280 to schedule a teleconference to see if we are a fit.

Our names are guaranteed to have you dancing like Elaine Benice!