Category Archives: Advertising

How to name your brand and get it trademarked

the-name-of-the-beastI’ve just finished reading a great book with an even greater title. The Name of the Beast by professional ‘namer’ Neil Taylor, is a guide to the ‘Perilous process of naming, brands, products and companies’.

You can tell Neil is slightly scarred from his years as a senior naming consultant at Interbrand where he discovered (much like for graphic designers), everyone is an expert. And some are very cynical about the role of professional namers such as Neil.

According to Andrew Mueller in Guardian newspaper;
“There are people, enviable yet contemptible, who make good livings inventing names for companies.

In fact, if you’re a CEO about to shovel a five-figure fee at some twit called Nathan to come up with a name like Twerq or Zamp Plus or X-Zite!, get in touch – for half the money, I’ll do you something at least as good, and certainly no more foolish.”

And people often have strong emotional bonds to brands they have grown up with, and are now being ‘messed about with’. Neil give a classic example of name failure, when Royal Mail changed to Consignia in 2000. He prints three pages of hostile comments from the time, which culminated in an embarrassing ‘volt-face’ just 15 months later.

For me, the most useful part of the book is chapter 3 where he covers the different approaches to naming.

Descriptive names
Ronseal tinBy using the Ronseal approach, ‘they do exactly what they say on the tin’,  see the history of the famous phrase. Obvious examples would be pretty much anything that starts with British (think Airways, Gas, Petroleum, Telecom etc). Sadly these names are often too good to be true, and cause problems when you go international, or change what you do over time.

Neil uses one of my favourite examples, The Carphone Warehouse. This name accurately described the brick sized phones sold in warehouse outlets when they were starting out. But today they sell sleek smartphones is smart high-street shops. I wonder if the chairman Charles Dunstone called a meeting one day to come up with a new name. But someone pointed out they had left it too late, and anyway the business was doing just fine with the original name. The positive brand values had been absorbed into the name, and risked being thrown away with a new name.

MeerkatSo although descriptive names save you having to explain what the company does, they have almost all already been taken, and even if not, can risk being too descriptive to allow you to register a trademark. For instance, Compare the Market and We Buy Any Car have been refused a trademark, but Compare the Meerkat and Webuyanycar.com were allowed.

Image-based names
Moving on from literally descriptive names, image-based names work by association using metaphors. Neil gives the examples of Visa (the shopping equivalent of a passport) and Viagra (think life and Niagra). If successful this approach can give a brand a personality which can appeal to customers.

Abstract names
Some of the most powerful brands on the planet use abstract and in some cases, made up words. Apple is currently the most profitable business in history. George Eastman used Kodak because he thought k’s were cool, so why not have one at the beginning and end of his brand name? Citroen did something similar until relatively recently when they ‘owned’ the letter X. Starting out with CX, BX and XM and then moving onto more creative names such as Xsara and Xantia.

The best thing about a made up name is that it can’t already be registered as a trademark to someone else, although you do still have to be careful it isn’t similar to a word that is in use.

Names of provenance
These are abstract names, but derive from a place or person. In fact, nearly half of the world’s top 100 brands use family names. Examples would be McDonald’s, Ford, Cadbury, Kellogg’s and Dyson.

Names that break the rules
Smeg fridgeAfter spending many pages explaining the options for naming and going into detail about how to brain-storm for names, Neil give some examples of names that break the rules.

For example, I can’t believe it’s not butter, is about as far away from a short and simple brand name as you can get, even though it does sort of explain what the product is. He uses the example of U2 who have a ‘rubbish’ name but global success, whereas Half Man – Half Biscuit have brilliant one, but are long forgotten except by a few faithful fans. Or how about Smeg fridges? Surely no one would by a brand whose name is associated with “a substance that collects inside male genitalia”.  But thanks to their bright colours and trendy retro design they have become very popular indeed.

I am glad to see that Neil spends a bit of time talking about trade marks, even if it is in a rather short chapter titled The long arm of the law. He points out how trade marks trump company or domain names, which means they need to be checked first. The famous cases of Apple Corps vs Apple Computer is covered, and Budweiser US vs Budweiser Czech lager beers.

He explains how a name can exist in different classes of business activity using Polo as an example – a VW car, a mint with a hole, and expensive clothing. As long as the consumer is not confused about what and who they are buying from, there is no problem.

Neil is definitely not a fan of trade mark lawyers, but does admit they can help you work out the risk of choosing a particular name. It all comes down to predicting how the owners of similar names with react. How likely are they to send you a ‘cease and desist’ letter from their lawyers?

cillit-bangSo you don’t have to like a name, or understand what it means for it to be successful. As long as it is legal, available and memorable you should be ok. If Cillit Bang can become a household name, surely anything goes.

Proving the power of the blog with cups of tea

1018292_cup_of_teaWay back in 2007 I wrote a short blog post based around the British Standard for making a cup of delicious tea. British Standard for a cup of tea – BS 6008

Over the years it has proved to be a popular story, so I was intrigued to see what would happen after a recent short news item on the standard on BBC Radio 4 Today programme.

The result was over 100 views during the subsequent 7 days which surprised me.

The reason for the number of hits was that a Google search for “british standard for a cup of tea”, finds my revised blog post at third place after Wikipedia, and the Independent newspaper, but ahead of the Guardian, and Telegraph newspapers. The original post comes in at number seven, but still on the crucial first page of search results.

A pretty impressive result for a couple of humble blog posts, and solid proof of the power of blogging.

cup of tea search

Have breakfast all day at the Cereal Killer Cafe

Cereal Killer Cafe logoAs you may have guessed by now, I love niche products and services. The ‘nicher’ the better as far as I am concerned.

So how about a cafe in London that only sells cereal? Well, identical twins Alan and Gary Keery from Belfast, have just opened Cereal Killer Cafe in Brick Lane, in trendy East London.

Apparently the the idea came to them when they were hungover one morning and really craved breakfast cereal.

They offer British, American and global cereals all at £2.50 for a small bowl with a choice of milks and toppings such as banana or marshmallows. Also on the menu are what Gary calls “cereal cocktails – mix different cereals together with different milks and toppings to create different flavours.”

Gary is confident that people won’t just come for breakfast: “Many people eat cereal throughout the day as a snack or a meal … we will be open until 10pm.”

Slightly worryingly they didn’t have enough takers when they tried to crowdfund the project. The publicity, however, enabled them to get a loan and a sympathetic landlord.

Alan and Gary Keery - Cereal Killers

Gary (left) and Alan Keery at their Cereal Killer Cafe

 

KrustyOs

Here is a niche within a niche… Krusty the Clown from the Simpsons in a box.

My new favourite trademark… Magicman

MagicmanLOGOWhilst enjoying my ‘mindful commute’ on my Brompton (as recommended by the Evening Standard – How to have a mindful commute), I spotted a van with my new favourite trademark – Magicman.

I had a quick search on the UK IPO trademark database and was relieved to see it was registered to Magic Man Limited under class 37;
Maintenance, repair and restoration and resurfacing of all (i) surfaces, cladding and facades (in each case both internal and external) including but not limited to ceramic tile, stone, stone resin, marble, granite, wood, laminate, uPVC, plastic including but not limited to thermosetting plastic, glass and powder-coated surfaces and (ii) fittings including but not limited to bathroom and kitchen worktops, sanitaryware, floors and doors; glass scratch removal; plumbing; general commercial and domestic repairs.

Magicman and van

Surprisingly there is only one other use of Magic Man on the database. It is owned by Dieck & Co. Erfrischungsgetränke OHG, and is used for;
Class 32 – Beers; mineral and aerated waters and other non-alcoholic drinks; energy drinks, fruit drinks and fruit juices; syrups and other preparations for making beverages.
Class 33 – Alcoholic beverages (except beers); alcoholic mixed beverages and alcoholic energy drinks.

Even more of a surprise was only finding one reference to ‘magician’ on the database, which is now dead, but was owned by Branston’s Limited, and used between 1948 and 1997.

Magicman has plenty of examples on their website of their ‘magic touch’ to “repair, renew and restore”.

window_repairhard_surface_doors

 

 

Using Twitter to get Lady Gaga’s attention

Dayne HendersonIn my workshop Introducing Social Media for Small Business I talk about Twitter’s unique ability to engage with otherwise inaccessible public figures.

To be honest, someone with millions of followers is unlikely to read every tweet sent their way. But it is possible to get noticed if the content piques their interest.

This is one of the wonders of social media over traditional forms of communication. You wouldn’t expect a letter, text or fax to be read by your celebrity target, let alone to get through on the telephone, or meet them in person. They would all be filtered out by their agents and minders.

But in fact many high-profile figures revel in the opportunity social media, and Twitter in particular, has given them to be in direct contact with their fans.

A recent story in the Metro newspaper gives a great example of this unprecedented access. Fashion designer Dayne Henderson who produces latex fetish outfits in his spare room in North Shields, uploaded some images onto Twitter. These got the attention of Lady Gaga, who commissioned him to make 19 headpieces for her world tour.

As Dayne told the Metro, ‘I never in a million years thought my first bit of work as a self-employed designer would be with Lady Gaga’.

Lady Gaga

Lady Gaga wearing one of Dayne Henderson’s latex designs

A revolution in websites has arrived 25 years after the birth of the Web

Tim Berners-LeeThe World Wide Web turned 25 this month, and it got me thinking about how website creation has changed since Tim Berners-Lee first proposed it to his boss at CERN in 1989.

For the first few years websites had to be hand-coded by computer programmers, which rather limited their number and design.

My first website was built back in the mid 1990’s, for my Hot Dog prothen employer Hermes Pensions Management. I used, what was then, state of the art software in the shape of HotDog Pro from the wonderfully named Sausage Software.

It was something of a labour of love, as each new page was another step on a steep learning curve. However just like the game of Snakes and Ladders, one false step forward could result in many steps back. I still remember clearly the moment we realised moving one page, required manually editing links on every single page on the site.

We made a major leap forward when a colleague in our IT department suggested using FrontPage from Vermeer Technologies. This company was soon taken over by Microsoft who were keen to establish themselves in the world of web. As one of the first “WYSIWYG” (What You See Is What You Get) editors, FrontPage was designed to hide the details of the dreaded HTML (hyper-text mark-up language), making it possible for novices to create Web pages and Web sites. Even better, when you moved a page, it automatically updated all the relevant links!

Microsoft Frontpage

However although FrontPage was wonderful improvement, it did have major deign limitations, and it was all too easy to spot ‘FrontPage’ websites.

Next on the scene for me was Dreamweaver version 2, the ‘Ferrari’ of web design software (beautiful and fast… and a bit flaky at times). After a couple of days training we were able to start producing complex websites with beautiful pages.

Dreamweaver v2

After many updated versions, Dreamweaver is still available today but is dying a slow death thanks to content management platforms such as WordPress and Drupal (Dreamweaver is still dying).

But in the last year or two the world of website creation has been truly revolutionised by template based, low cost services from the likes of Weebly and SquareSpace.

Now almost anyone can create professional looking websites, with no technical skill at all.
I surprised myself by managing to create a very simple but attractive website for my father within a couple of hours using SquareSpace. Compare that to the week it took me to create a 20 page website for SLA Europe using Dreamweaver ten years ago.
squarespace-logo-horizontal-white

Weebly_logo_and_tagline_2013

A great example of a Weebly website is Keep Me Jewellery from one of my clients here at the Business & IP Centre. As you can see from his amazing creatures, Tom Blake has a great eye for design, but he doesn’t have any background in building web sites.

Keep Me Jewellery

Also, these new platforms enable you to easily add a blog onto your website (an essential part of your marketing strategy – Blogging for fun and profit). And if you want to sell through your site there are shopping modules available too.

So if you were considering a career as a website designer, now might a good time to think again.

 

A brand as strong as a Hippo

On my drive to work this morning I got stuck behind a big yellow lorry. It was a Hippo Bag truck, and I was struck by how strong their brand is.

HippoBag_logoApart from the bright yellow base colour, the enormous text splashed across the back made it impossible to miss.

It got me thinking about strong brands, and how it doesn’t really matter too much what the name is, as long as it is memorable. In this case Hippo conjures up images of strength which help reinforce the brand. But it is also the most dangerous animal in Africa. Hippos kill more people each year than lions, elephants, leopards, buffaloes and rhinos combined.

I had a quick look on the Intellectual Property Office trademark database and saw that Hippo has been used 333 times in trademarks. Hippobag is registered by two different owners; one by Waste Management Systems Limited for the following classes:

  • Class 22 – Non-metallic bags and sacks for the transport, transfer, handling and storage of materials in bulk.
  • Class 39 – Removal and transport of waste to transfer, disposal, recycling and treatment sites.
  • Class 40 – Recycling and treatment of waste.

But it has also been registered by The Old Tannery Shop, Cambridge under Class 18 – Bags, pouches, holsters, belts, wallets; all for carrying or holding tools, fittings and instruments; but not including any such goods made from hippopotamus skin.

 

 

Rihanna wins rights to her image over Topshop

No, this isn’t about a tabloid newspaper controversy involving the rather racy Barbadian pop star. Instead it is about a recent High Court case where Rihanna took on the high street fashion chain Topshop over the use of unauthorised photos of her on their T-shirts.

The dispute centred on the issue of ‘passing off’, a fascinating aspect of Intellectual Property law due to the way it depends, not on some arcane legal technicality, but on what an ordinary person would think.

During my seven years working in the Business & IP Centre I have learnt that Intellectual Property can be immensely technical and complex, but also has aspects that rely on good old-fashioned common sense.

The test for passing off is quite simple, would an ordinary person think the item they are buying was either produced or authorised by someone other than who they thought it was. Wikipedia defines it as; The law of passing off prevents one person from misrepresenting his/her goods or services as being the goods and services of the claimant, and also prevents one person from holding out his or her goods or services as having some association or connection with the plaintiff when this is not true.

Not surprisingly the most frequent cases of passing off tend to involve household brands. In April Which? magazine conducted a survey that found ‘a fifth of Which? members have bought an own-label product by mistake because it looked so much like a big brand. They found more than 150 own-label products they thought borrowed elements of their packaging from branded competitors. Own-label ‘copycat’ products: can you spot the difference?

One of the most well-known involves the best-selling dandruff shampoo brand Head & Shoulders. They have taken numerous supermarket chains to court for producing own label shampoos which are too similar to the their brand. The supermarkets tend to mimic the shape of the Head & Shoulders bottle, their colours and font styles. Each time the supermarkets lose the case, they go back to their designers and make slight changes to their bottles, leading to another round of court action.

Head&Shoulders_vs_Boots

Next time you are in a supermarket, have a look along the shelves and see if you can see any ‘look alike’ packaging from own label brands. In my experience cereal boxes make for rich pickings. Put yourself in the shoes of the busy shopper (or in my case reluctant shopper) rushing along the aisles with only time to glance at the packages as they zoom past. It is all too easy to grab the ‘wrong’ one and drop it into your basket.

In the case of the T-shirt with Rihanna’s photo, the judge Mr Justice Birss said the “mere sale” of a T-shirt with an image of a celebrity did not automatically amount to passing off. But in this instance he thought that a “substantial number” of buyers were likely to have been deceived into buying it because of a “false belief” Rihanna had authorised it.

He said it was damaging to her “goodwill” and represented a loss of control over her reputation in the “fashion sphere”. It was for Rihanna not Topshop to choose what clothes the public thought were endorsed by her.

 

Anorak – now a cool brand and a Success Story

anorak_logo I have blogged in the past about the importance of using a ‘made-up’ name for your trademark, but there are other ways to establish a distinctive but protected presence in the market place.

I was recently helping a couple of customers in the Centre find some useful market research reports on home wares. In conversation I discovered they were the founders of Anorak, a company who make and sell ‘functional products inspired by the great outdoors’. I also learned that we had helped them along their journey to success over the last four years, so they qualify as one of our Success Stories.

For me, the story here is the ingenuity of taking a widely used slang term with negative connotations, and subverted it into something cool and trendy.

trainspotter

Source: http://commons.wikimedia.org/wiki/User:Mattbuck

According to Wikipedia the term anorak came from the Observer newspaper’s description of UK trainspotters, based on their preferred form of clothing. Allegedly members of this group often wore, the by then very unfashionable anorak jackets, when standing for hours on chilly railway station platforms noting down details of passing trains.

However according to the Guardian Newspaper’s Notes and Queries column, the term was was originally created by Radio Caroline Disk Jockey Andy Archer in the early 70′. He used the word anoraks on air, to describe the boatloads of fans who came out to visit the pirate radio ships anchored off the Dutch coast.

During the 1980’s it became a general derogatory term for a someone with an obsessive interest in unfashionable and largely solitary interests. 1980’s UK rock group Marillion called one of their albums Anoraknophobia, referring to the long running in-joke that Marillion fans were sometimes called freaks or anoraks.

isle of wight computer geek iow

www.theisleofwightcomputergeek.co.uk

In the United States the term geek or nerd is often used instead, but is not associated with a particular item of clothing as far as I am aware. The exception might be the wearing of large unfashionable glasses. The US based company GeekSquad have also attempted to exploit the label to their own advantage.

The word anorak is derived from Greenland Eskimo ‘anoraq’, used to describe a waterproof jacket, typically with a hood, of a kind originally used in polar regions.

I am aware that this post may be in danger of straying into anorak territory itself with this level of obsessive detail, so I will stop here.

 

Anorak_fox_mugAbout Us

Introducing Anorak. A British brand with its heart planted firmly in the great outdoors. Inspired by childhood camping adventures (in a bright orange campervan), Anorak’s founder and Creative Director Laurie Robertson uses striking silhouettes to bring a touch of fun and whimsy to homewares and outdoor lifestyle accessories.

From Kissing Rabbits to Proud Foxes, Anorak’s animal designs are bold, bright and a good deal less timid than their real life relatives. But looks aren’t everything, so the entire Anorak product range has function at its heart. The wash bags are wipe clean, the sleeping bags have leg room a plenty, the picnic blankets are light enough to carry on the longest of country strolls. So if you’re a fan of the great outdoors (even when you’re indoors) and think fun should follow function, remember to pack your Anorak.

Victoria Beckham aka Posh Spice versus POSH football

Victoria_Beckham_2010

Source Wikimedia

Following on from my post on Cara Delevingne the brand, I had a look at Victoria and David  Beckham and their brands, as they have been in the news a lot recently after their return to the UK from California.

Victoria Beckham has always been clever in business, and sensibly attempted to trademark the term Posh (her nickname in the Spice Girls) early on.

However, her application was contested by Peterborough Football club who were able to prove they had been known as The POSH since the 1920’s.

Naturally after winning the court case, the club went into action and registered The POSH at the IPO (Intellectual peterborough-unitedProperty Office). However, they seem to have got a rather carried away, and instead of choosing one or two relevant business classes from the 45 Nice scheme like normal, they paid for an amazing 28 classes (see below for details).

So although they are making good use of class 25 for their t-shirts and scarves. I’m wondering how they are planning to exploit class 13 Firearms; ammunition and projectiles or class 34 Tobacco; smokers’ articles; matches. Perhaps they will surprise their fans and branch out into cigarettes.

the_posh_shirtVictoria bounced back from this initial set-back and has successfully established her Victoria Beckham brand in the key luxury product categories of sunglasses, scent and houte couture. According to TheRichest.org her business is currently worth £30 million.

The_POSH

 List of goods or services

Class 03:
Detergents; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; dentifrices; antiperspirants; deodorants for personal use.
Class 08:
Hand tools; hand operated implements; razors.
Class 09:
Apparatus for recording, transmission or reproduction of sound or images; optical or magnetic data carriers; recording discs; video recordings; automatic vending machines; calculators; data processing equipment; computers, computer programs; computer games; prerecorded discs and tapes; protective clothing; and parts and fittings, all included in Class 9 for any of the aforesaid goods.
Class 11:
Apparatus for ventilating, water supply and sanitary purposes; and parts and fittings, all included in Class 11, for any of the aforesaid goods.
Class 12:
Vehicles; apparatus for locomotion by land, air or water; and parts and fittings, all included in Class 12, for any of the aforesaid goods.
Class 13:
Firearms; ammunition and projectiles; explosives; fireworks.
Class 14:
Cufflinks; watches and clocks.
Class 15:
Musical instruments; electronic musical instruments; and parts and fittings, all included in Class 15, for any of the aforesaid goods.
Class 16:
Publications; pens, pencils, writing instruments; playing cards.
Class 17:
Rubber, gutta-purcha, gum, mica; goods made of any of the aforesaid materials; plastics in extruded form for use in manufacture; packing, stopping, insulating and packaging materials; flexible hoses and pipes, not of metal.
Class 18:
Bags, sports bags.
Class 20:
Garment hangers.
Class 21:
Household or kitchen utensils and containers (not of precious metal or coated therewith); combs; sponges; brushes other than paintbrushes; articles for cleaning purposes; steel wool; glassware, porcelain and earthenware, all included in Class 21; mugs, tankards, ashtrays.
Class 24:
Textiles and textile articles; bed and table covers; bedding.
Class 25:
Clothing; articles of outer clothing for men, women and for children; headgear; ties.
Class 26:
Cloth badges; badges not of precious metal.
Class 27:
Carpets, rugs, mats and matting; linoleum and other materials for covering existing floors; floor and wall tiles; wall hangings not of textile; wallpaper.
Class 28:
Toys, games and playthings; gymnastic and sporting articles; articles for use in playing football.
Class 29:
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats; prepared meals, goods of Class 29 predominating.
Class 30:
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; salt, mustard; vinegar, sauces (condiments); spices; ice; prepared meals, goods of Class 30 predominating.
Class 31:
Agricultural, horticultural and forestry products and grains included in Class 31; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.
Class 32:
Beer, mineral and aerated waters and other non-alcoholic drinks; soft drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
Class 33:
Alcoholic beverages other than beer.
Class 34:
Tobacco; smokers’ articles; matches.
Class 36:
Insurance services; financial affairs; monetary affairs; banking services; credit card services; debit card services; exchanging money; investment services; financial sponsorship.
Class 38:
Telephone and telecommunication services; rental of telephone and telecommunication equipment.
Class 41:
Providing of training; entertainment; sporting and cultural activities.
Class 42:
Computer programming; snack bar services; news reporter services; security guard services; crowd control services.
Class 13:
Firearms; ammunition and projectiles