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Choosing A New Name or Identity

Pschitt

Pschitt

Pschitt is a popular drink in France but, obviously, the name does not work well in English.

It’s important to consider other countries when you choose a new name for your business or product. We might find Pschitt funny, but Clairol wasn’t so pleased after it introduced its Mist Stick curling tongs in Germany only to discover that ‘mist’ is slang there for cr*p!

Before you adopt a new name or identity, its use should be cleared by an infringement search on the trade marks register in the relevant territory, and preferably also in the marketplace.

This also applies to existing names and identities if they are to be used for new products or services of a different kind – for example, extending a footwear business into selling handbags, or a motorcycle manufacturer beginning to offer leather jackets.

Clearance searching can be vital to prevent having to alter literature and packaging after stocks have been ordered and supplies obtained – something which can then mean considerable cost.

It is necessary to check not only for an identical trade registration or application for your kind of business, but also anything confusingly similar in respect of other goods or services – an energy drink named Viagrene was held to infringe the Viagra drug trade mark registration, for example.

Because of the complex issues which can be involved, making a sufficiently comprehensive search and interpreting its results should preferably be handled by a trade mark attorney, who will be familiar with the specialist area of law involved.

So before you decide on that new name for your business or product, check it out through us!

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