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This
is not the result of a formal study, but many times we have asked
clients with naming problems how much they have spent on legal fees
before they called any naming agency. The number always seemed to
be in the range of $6,000 to $8,000.
Their own corporate lawyer had put some time in, then engaged trademark
counsel, who had performed searches and checks and provided advice.
Advice that basically said, go back to the drawing board and come
up with some other name. Which clients had done, only to have the
next round of names rejected too. Again and again. And when you
consider a full name search and opinion from any respectable law
firm is in the $1,500 to $3,000 price range (per name), the total
expenditure can quickly grow.
We
even checked in with the lawyers to see what they said. Guess what!
One even told us of checking the exact same name three times for
three different clients. Gravy money for them....especially when
they knew the name had failed reasonable searches the first time.
Lawyers are needed to do final name checks and provide legal counsel,
advice and protection. They are the most expensive resource you
can find for preliminary name checks......other than your own executives
wasted time!!
One
or two lawyers, of course, are suspicious of naming agencies because
they say we are not lawyers and therefore are not qualified to do
these searches. For final legal opinion they are right. And for
some, small inexperienced agencies they are right too. But top professional
naming agencies like Brighter Naming have people on staff who have
worked with top law firms and been through the process a lot. We
do initial screening, provisional clearance, advanced searches on
all finalist names, and then provide clients with comprehensive
search reports from the same legal research firms that your lawyer
will use. In most cases, our client's lawyers work directly off
the reports we give them.
They
like the fact that we bring them clean business so they can do their
job of registration. Of course, they get even more from a naming
agency like ours as we also provide them our own additional research
notes. In many other cases, we have helped clients interpret the
cautionary notes they receive from their legal counsel. And all
our services are built into one fixed price proposal. We do not
run an expensive hourly clock like lawyers do!
Lawyers
tell you what can go wrong. We can tell you what can go right! Plus
we know marketing, image and linguistics too. See Saving
Money with a Naming Agency for more details.
Looking
for good trademark legal counsel? Please see the TM®esources
section for the best of the best we have worked somewhere along
the line.
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Not
sure if your present name is OK or not? Why not have a professional
name audit
done first.
Already
got a name in mind? Before you waste money on a lawyer, call
us for a full U.S.
search report in 48 hours - including trademarks,
common law marks, close usages, domains, etc.
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