Business Names & Slogan Business Name & Slogan 5 — Questions and Answers
Question 1: What does the ™ symbol indicate compared to the ® symbol?
- ™ claims common-law rights, while ® indicates federal USPTO registration (Correct answer)
- ™ is for services and ® is for products only
- ™ means the mark is expired
- They are legally interchangeable in the US
Correct answer: ™ claims common-law rights, while ® indicates federal USPTO registration
™ asserts an unregistered claim to a mark, whereas ® may only be used after federal registration.
Question 2: A slogan like Subway's 'Eat Fresh' works strategically because it:
- Positions the brand against fast-food competitors on a key differentiator (Correct answer)
- Lists the menu items available
- Rhymes with the company name
- Was mandated by health regulators
Correct answer: Positions the brand against fast-food competitors on a key differentiator
'Eat Fresh' stakes out freshness as a differentiator against traditional fast food.
Question 3: When securing a business name online, best practice is to:
- Check domain and key social handle availability before committing to the name (Correct answer)
- Register the domain only after the first year of operations
- Use a different name on each platform for variety
- Rely on customers to create fan pages
Correct answer: Check domain and key social handle availability before committing to the name
Verifying digital availability early ensures consistent branding across the web and social platforms.
Question 4: Which scenario illustrates a 'generic' name that cannot be trademarked?
- Calling a bicycle shop simply 'Bicycle Shop' (Correct answer)
- Naming a bakery 'Lunar Crumb'
- Calling a tech firm 'Zyntora'
- Naming a café after an invented word like 'Brewvia'
Correct answer: Calling a bicycle shop simply 'Bicycle Shop'
A name that is merely the common term for the product or service itself is generic and unprotectable.
Question 5: State Farm's 'Like a Good Neighbor, State Farm Is There' strengthens the brand by:
- Embedding the company name inside an emotionally reassuring promise (Correct answer)
- Describing insurance policy terms precisely
- Using humor about accidents
- Targeting only rural customers
Correct answer: Embedding the company name inside an emotionally reassuring promise
Including the brand name within a warm, trust-building phrase ties recall directly to the company.
Question 6: A company rebranding after a merger should prioritize which naming consideration first?
- Legal clearance of the new name across all markets where it will operate (Correct answer)
- Printing new letterhead immediately
- Keeping the longest of the two original names
- Choosing whichever name the older company used
Correct answer: Legal clearance of the new name across all markets where it will operate
Legal availability across all operating markets must be confirmed before any rebranding investment.
Question 7: Why can a strong slogan lose trademark protection over time?
- It can become generic through widespread common usage, a process called genericide (Correct answer)
- Slogans expire automatically after ten years with no renewal option
- Slogans can never be trademarked in the first place
- Competitors can buy the rights at auction
Correct answer: It can become generic through widespread common usage, a process called genericide
Genericide occurs when a protected phrase becomes the common way to describe a category, forfeiting exclusivity.
Business Names & Slogan Business Name & Slogan 5
What does the ™ symbol indicate compared to the ® symbol?