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Help Trademarks Serve Their Purpose by Adopting Memorable Marks

Unusual — even risqué — brands are memorable, which can pay dividends.

That’s the upshot of a recent New York Times article.

For example, David Hall was running a small construction company when he decided to phase out the scaffolding part of his business. As a joke, for one last job, he put up a banner that identified his company as the “Mammoth Erection” company. 

His phone hasn’t stopped ringing since.

That isn’t a surprise to trademark lawyers. A trademark tells consumers where the good or service comes from. The whole idea is if a customer likes what you’re selling, all they have to do is look for your trademark (such as your name, logo, or tag line) to buy from you again. And if your trademark is forgettable, that’s hard for the customer to do.

I’m not a suggesting being cute (or shocking) just for the sake of being cute (or shocking). But as long as you’re being smart about selecting a trademark, it makes sense to start investing in one that will help your company stand out from the crowd.

Wines are a classic example. Stores are filled with bottles of CHATEAU this and RIDGE that. Forgettable. But not MAD HOUSEWIFE, MONOGAMY, or FAT BASTARD. They may not be the best wines around, but the playfulness and originality their names convey suggest they’re not the worst out there, either. They certainly stand out from the boring names their competitors use.

This is a more branding than law, but producers can help trademarks serve their purpose by selecting marks that stand out.

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