Naming in an AI Age

The NameStormers
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Join members of the NameStormers team as they explore the nuances of the creative nature of name generation, the mechanics behind trademark screening, and the importance of consumer research, with various guests featured along the way!

  1. 10月24日

    How to Avoid Getting Sued

    In this episode of Naming in the AI Age, Mike Carr and Ashley Elliott discuss how to reduce legal risk in brand naming, using the Smucker’s vs. Trader Joe’s case as an example. They contrast descriptive names like Trader Joe’s Crustless Peanut Butter and Strawberry Jam Sandwiches - clear but hard to protect - with distinctive names like Smucker’s Uncrustables, which are unique and ownable. Mike and Ashley explain that naming strategy should align with business goals: private labels can lean on descriptive names, while national brands need distinctive ones to stand out. They outline a five-step vetting process—from knockout searches to attorney review—and stress that investing in a thorough clearance process builds both legal protection and lasting brand equity. Resources: Smucker's sued Trader Joe's USPTO Cherubs Itzakadoozie

    13 分鐘

  2. 10月16日

    How to Read a USPTO Trademark Regestration

    In this episode of Naming in the AI Age, Ashley Elliott explains how to read a USPTO trademark record using Nike as an example. She clarifies that multiple “Nike” entries represent different filings for various product classes, like clothing, footwear, and digital goods. Each record lists the mark, status, goods and services, owner, and registration details. Clicking into a record reveals more specifics—filing and registration dates, serial numbers, and the goods and services description that defines protection scope. Ashley emphasizes that U.S. trademark rights are based on first use, not first filing, and advises focusing on four elements: status, goods and services, key dates, and owner. Mastering these pages, she notes, is vital for anyone naming or protecting a brand.

    4 分鐘

  3. 10月9日

    How To Use Your Trademark Correctly

    Using your trademark properly is just as important as registering it. Misuse can weaken protection and even make a mark generic. Trademarks should act as adjectives, not nouns or verbs—say “Nike shoes,” not “Nikes” or “I’ll FedEx this.” Brands that became generic, like Escalator or Aspirin, lost their rights, while companies like Kleenex, Xerox, Google, and FedEx actively fight misuse. From the start, how you present your name shapes customer habits, which is why brands invest in correcting errors. To protect your mark, always use it correctly, educate others, and guard against genericide before it erodes a valuable asset.

    4 分鐘

  4. 9月25日

    Trademark Law and Naming Strategy: Why Distinctive Names Matter

    The spectrum of distinctiveness explains why some brand names are stronger than others in trademark protection and branding. Generic terms like “milk” or “bread” can never be protected, while descriptive names such as “Quick Print” are weak unless they gain recognition. Suggestive names like Coppertone or Netflix are inherently distinctive, balancing creativity and clarity. Arbitrary marks like Apple for computers are highly protectable but need marketing to link them to the product. At the top are fanciful names like Kodak or Verizon—completely invented, legally strongest, and iconic with investment. The takeaway: the more distinctive the name, the stronger the protection and brand. Disclaimer: We are not attorneys and do not provide legal advice. We always recommend consulting an IP attorney.

    7 分鐘

  5. 9月11日

    Trademark: What’s the difference between a Knockout Search and a Clearance Search?

    When naming a business, product, or service, start with a knockout search—a quick, early check to rule out obvious conflicts and overused patterns while shaping creative direction. Once you’ve narrowed to top contenders, move to a comprehensive search led by an IP attorney. This deeper, time-intensive review uncovers hidden risks that quick checks miss and ensures your chosen name can be legally protected before launch. Disclaimer: We are not attorneys and do not provide legal advice. We always recommend consulting an IP attorney.

    4 分鐘

  6. 9月4日

    Trademark and Copyright Symbols When to use TM, Ⓡ , and ©

    This episode explains the difference between trademarks and copyright. The TM symbol signals a claim on a name or logo but offers no legal protection, while the Ⓡ symbol is for USPTO-registered trademarks and carries legal weight. Copyright, on the other hand, protects creative works—books, music, art, software—by covering expression, not brand identity. In short: trademarks protect identity, copyright protects expression.

    4 分鐘

  7. 8月28日

    Understanding Trademark Classes

    In this episode of Naming in the AI Age, Ashley Elliott explains trademark classes and why they matter. Trademarks are divided into 45 classes of goods and services, meaning the same name can exist in different classes—like Delta Airlines and Delta Faucets. A common myth is that one filing covers all categories, but protection only applies to the classes you file in. Filing too narrowly leaves gaps; too broadly raises costs and risks conflict. In the U.S., entrepreneurs can file under “Use in Commerce” (already in the market) or “Intent to Use” (reserve rights before launch). The takeaway: strike a balance—protect current needs, plan for growth, and always consult legal counsel. Disclaimer: We are not attorneys and do not provide legal advice. We always recommend consulting an IP attorney.

    4 分鐘

  8. 8月21日

    Is a USPTO Search Good Enough?

    A USPTO search is a good first step, but it doesn’t guarantee brand protection. The federal database only covers federally filed trademarks, leaving out state registers, the Trademark Official Gazette (with recently approved marks), and common law rights from simply using a name in commerce. That means small businesses, Etsy shops, YouTube channels, or local restaurants may have enforceable rights even if they don’t appear in the USPTO system. To avoid conflicts and build a strong brand, a clearance search should cover federal, state, and online sources—like Google, domains, and social media—and be followed by an IP attorney’s review. Just a heads-up: We are not attorneys and this isn't legal advice - just helpful info. For specific trademark questions, always consult with a qualified IP attorney.

    3 分鐘
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簡介

Join members of the NameStormers team as they explore the nuances of the creative nature of name generation, the mechanics behind trademark screening, and the importance of consumer research, with various guests featured along the way!

資訊

  • 創作者
    The NameStormers
  • 活躍年代
    2023年 - 2025年
  • 集數
    89
  • 年齡分級
    兒少適宜
  • 版權
    © 2025 Naming in an AI Age
  • 節目網站
    Naming in an AI Age