Brand News: Why is a Secretary of State Filing Not Enough?

Brand News: Why is a Secretary of State Filing Not Enough?

In a prior post I mentioned that your brand could have troubles if you thought organizing your company with the Secretary of State gave you permission to use your company name as a brand. This post unpacks one of the reasons for this.

Brand Protection primarily concerns whether or not brands used by different companies would cause confusion among consumers. This is a detailed analysis and Secretaries of State cannot perform this review for every company in their state.

Many brands in the marketplace are not the names of companies. For example, when you go into a McDonald’s, you can order a Big Mac, a Quarter Pounder, and a Happy Meal. These are all brand names owned by McDonald’s, but are not company names recorded with a Secretary of State.  

As an example, if I went to my Secretary of State to form Happy Meal LLC as the name of my new restaurant, the Secretary of State would never flag this as a problem, but McDonald’s would certainly have a problem with this.

Brands can be tricky. Some professionals can make them powerful to grow your business. I protect them to make sure you  are the only one who benefits from your hard work.

Warning Signs: Your Brand May Be On Thin Ice if…

Warning Signs: Your Brand May Be On Thin Ice if…

The domain name with your company name was taken, so you simply added ‘inc’ at the end.

You can register any domain name that is not identical to an existing domain name.  The administrators do not check brand rights.  Registering a domain name like this may lead you straight to becoming an infringer.

The only way to be sure your brand is not causing unnecessary risk is to order a professional search

Not performing a search is simply hiding from reality.

Warning Signs: Your Brand May Be a Troublemaker if…

Warning Signs: Your Brand May Be a Troublemaker if…

You believe securing a domain name was permission to use your brand.

Here’s a shocker: the internet is not a source of authority. The administrators do not check brand rights.  Domain names are issued if a set of keystrokes are not identical to ones already assigned to another company.          

The only way to be sure your brand is not causing unnecessary risk is to order a professional search

Not performing a search is simply hiding from reality.

Warning Signs: Your Brand May Be a Problem Child if…

Warning Signs: Your Brand May Be a Problem Child if…

You believe forming your company with the Secretary of State gave you permission to use your company’s name as a brand.

The Secretary of State does not check brand rights.  That’s not its job. It only ensures it can send legal documents to the correct companies when necessary.

The only way to be sure your brand is not causing unnecessary risk is to order a professional search

Not performing a search is simply hiding from reality.

What is a Brand?

What is a Brand?

Many of my posts are about brand protection. Actually, most of them are about protection. This leaves the question: what is a brand?

Marketers and businesspeople consider a brand to be any item that causes an emotional response in a company’s customers. It lets customers know “this is the only place I can get that specific good or service.”

Lawyers talk about a “trademark,” which is a source identifier that tells the consumer who made the good or offers the service. This is the perspective a lawyer has on branding. (Poor lawyers have no soul.)

I think of a brand as meeting 2 tests:
1) Does the public perceive the item as being the type of thing that a company could use to identify the good or service as theirs, and
2) Is the item unique enough to stand out from competitive goods and services being sold.

Some common things we think of as being a brand includes:
– names of products or services
– logos
– taglines
– color schemes
– unique fonts

Non-traditional brands include sounds (like the MGM lion’s roar), unique packaging and store layouts. I’m looking forward to even more unusual brands such as tastes, smells or even feels. Any of these items could serve as a brand if they don’t serve a functional purpose.

Start looking around. What is unique about your business? What would you do if one of your competitors started using a similar item? Let’s talk.