Name Dispute and How to Prevent It

Good names are a valuable commodity — and that is precisely why they often give rise to disputes. Anyone who has a good company name or brand name wants to keep it as exclusive as possible and defends it against similar names that carry a risk of confusion. Such disputes often end up in court and are expensive. What can one do when searching for a name to avoid such a quarrel later on?

choose

Heated battle for company names

There are some examples of well-known brands that were once under a different name, and had to be renamed due to a dispute. For example, the popular browser "Firefox" has been renamed twice: The BIOS manufacturer "Phoenix Technologies" had something against the original name of "Phoenix," and the subsequent name "Firebird" did not appeal to the open source database of the same name.

But even quirky-seeming quarrels of brand giants against small companies show the value of a good name. The small turbocharger repair shop, "turbocheck24," will soon have to rename itself after a cease-and-desist declaration from the well-known comparison portal, "Check24" fluttered into their office. And brand giant, "Red Bull" has forced both a burger restaurant called "Guter Bulle" and a German basketball team "Blue Bulls" to change their names. Aren't those peanuts for such big, internationally known brands like Check24 and Red Bull? Apparently not, because the burger shop is now called "Traumkuh" ("Dream Cow") and the basketball players became the "Panthers."

Of course, you want to avoid such disputes with brand giants and competitors if you are looking for a good name for your start-up or product. The magic words in this case are, of course, trademark search—and as detailed a search as possible—in order to be relatively safe from unpleasant disputes even before registering the trademark name. In trademark searches, it is important to conduct a somewhat broader search in addition to the purely identical search—i.e., typing in the full name—in order to quickly find similar, possibly critical trademarks. The NameRobot tool Trademark Check helps here, with which you can search name ideas for protected trademarks in advance.

choose

One word is decisive

For example, if you want to use a name consisting of two compound words, such as "Firefox" or "Rockbird", it's a good idea to enter both words individually into the database to see the results. Some word elements —such as the "Bull" in Red Bull—are so relevant to the brand that there is a threat of name conflict even if it is a completely different term added to it (i.e., "Good Bull").

But even seemingly less conspicuous words, like a color in the company name, can be classified as decisive and therefore become a point of contention. A company that calls itself "Blue Visions" would, if appropriate, successfully oppose the registration of a new "Blue Inclusive" brand, provided that both offer the same goods or services.

Write differently—avoid disputes

The spelling in the search can also be changed slightly, and vowels and consonants can be exchanged, for example, to exclude similar trademarks. If the name is written, for instance, with a double vowel and/or a "y" (e.g. with yuuvis), one should also check it with the single vowel *yuvis* or as spelled with "j" *juuvis*. Thus, registrations with the same sound or only one letter of difference are also discovered.

Of course, the trademark attorney is the final adviser for the trademark application. This is, however, associated with costs and the disappointment would be great if the finally chosen favorite name cannot be used due to older rights, or must be changed later on. With an extended trademark check, you can exclude many questionable cases in advance, and avoid unnecessary costs at the lawyer's due to trademark infringements.

Help for self-help can be found here on NameRobot in the Control Center.

 

 

 

Looking for creative name ideas?

With your NameRobot company name generator you can find the desired name for your business.



Naming Blog

Naming Topics Sorted by Categories

building

The best tips & tricks on how to successfully find company names and other business names: How to come up with creative ideas? How to check whether company names are still available? How do you decide on the best name? In this category we write about all these questions concerning the right company and business name.

More
deliveries

Find out the dos and don'ts about developing new brand names and product names. What are promising brand naming strategies from planning to the introduction of the name? Learn how to create a brand name that stands out and can become a successful trademark.

More
add notes

In this category you will find examples of naming companies in all kinds of industries and on various topics. Learn more about rules and trends for names in your industry or profession.

More
brainstorming

Are you stuck in the naming process? Does the blank page paralyze you? With our naming inspiration techniques, you can fuel your imagination and get your mind going to generate great name ideas.

More
team spirit

About powerful name generators and naming tools: tools for word inspirations, name generators from acronyms to artificial names and helpful name checks. In this section, we introduce special naming tools in more detail.

More
contrast

Invented words or descriptive names, acronyms or existing words, or simply crazy-associative names: the possibilities for finding a business name are endless. Let's take a look at the most common name types for professional use.

More
judge

The most important facts about trademark law, registering a business name and everything else you need to know to secure your new name.

More
status update

What's going on in the naming world? Let's talk about the newest trends, important changes and the most common standards in business and product naming.

More
world

There's more than business names and brand names. Let's take a closer look at all kinds of names: geographical names, weekday names, traditional names, children and pet names...

More