06.13.08
Award for protecting you brand online - or at least trying
One of the advantages of having “first mover” advantage in any industry is the fact that you can sometimes legally tie up a good name which later would otherwise be judged to be generic - and therefore non-registrable. Such is the case with the name TopRank® for search engine optimization and marketing services. They have recently been blogging about how they have to be aggressive in protecting this name, especially in an online environment (the only field for which they have the trademark).
If the USPTO did their literature search today, they would see the words top and rank (or ranking) are surely widely used and therefore generic. But it is too late. Someone moved fast and was smart, although it really is a difficult name to protect and to own as a brand, since people have strong existing expectations of the words, before they are even educated to the fact that it is someone’s trademark. And there are many ways around it. And what is the industry generic way of saying getting a top ranking if top rank is a specific trademark?
So this award goes to them for trying to protect the name. Not for picking a name that is not unique enough. This is one of many cases I have recently run into, which is why I was reminded (writing as The Name Critic at Brighter Naming) to select Rollerblade® for recent analysis. They are a case study example of how to do it right. To protect the name Rollerblade, they told the industry and the press that the generic descriptor for the product category was In-Line Skates. For all I know (and strongly suspect) they made up In-Line Skates afterwards. Doesn’t matter.. the rest of the world has to describe their products as In-Line Skates, and can only use the term Rollerblade in its proper legal brand (now of the Nordica ski company) sense.
Similarly, in the biotech field, Genentech® is almost a generic if it was first used today, instead of the strong brand and category leader it has become. As an early mover (very early), they have polarized the rest of the word away from names using Gene and Technology…. which so many still dream of.. the basic descriptors for many of them.
