E-mail Market Like A Pro

Set up an e-mail marketing program for a highly effective, yet low-cost way to up-sell or cross-sell current customers. Since it can cost as much as five times more to win a new customer than to keep an old one, retention programs using e-mail are a solid small-business marketing tactic.

E-mail programs to in-house lists perform at least as well as direct mail–and often considerably better–without the postage or printing costs. And results are easy to track and measure.

Here are the steps that can help you build an e-mail marketing campaign:

  1. Build your list. Today, having a terrific website is simply not enough. You need a marketing program that drives traffic there and keeps visitors coming back. And since e-mail to rental lists is often kicked out as spam, it’s essential to build your own opt-in list of customers and prospects. These are individuals who have visited your site and given you permission to contact them.
  2. Send the right message. For many e-mail marketers, it’s beneficial to alternate promotional messages with softer-sell communications, such as newsletters. This helps avoid list burnout and may increase the frequency with which you can successfully communicate with your customers and prospects. The most crucial element is to make the content of your e-mails relevant to the needs of your recipients, because off-target e-mails and those that come too frequently are generally treated as spam.
  3. Design and track like a pro. The two elements that most dramatically affect your e-mail “open rate” are the “from” and “subject” lines. So it’s essential to make it clear the e-mail is coming from you, a valued source of information. And the subject line must contain a benefit, or at least convey what your e-mail contains–otherwise your open rate will plummet. Comply with all CAN SPAM regulations by including your company’s name and physical address in the body of the message as well as an unsubscribe option at the bottom.

When it comes to design and execution of your e-mail campaign, it’s not necessary to go it alone. In fact, it’s difficult for an entrepreneur to send more than 50 e-mails at a time, since higher numbers are usually blocked as spam by ISPs.

Fortunately, e-mail marketing services that cater to small businesses, such as Constant Contact or those available through major web hosting services like Interland, will generally e-mail up to 5000 subscribers for $50 a month or less. The service will also maintain and clean your list by removing bounces and addresses of people who choose to unsubscribe.

Choose an e-mail marketing service that provides design templates for e-newsletters, promotional offers and coupons that are easy to customize. Since only about 56 percent of internet users have broadband, it’s essential to design full-color, high impact HTML newsletters or promotions but still give recipients the option of receiving a text-only version.

Best of all, most e-mail marketing services will provide all your campaign metrics, which are vital to evaluating the effectiveness of your mailings. You’ll be able to identify who opened your e-mail and clicked on each link. Then you can fine-tune your key elements–from your offers to your subject lines–for maximum ROI, and compare your results from one mailing to the next.

Great Online Customer Service Surveys

Online surveys are very effective and affordable. They’re a great way for you to obtain the feedback you need. Through online surveys, you can better understand your customers. Then, you can hone products and services accordingly, build customer loyalty, expand your customer base and better fulfill your potential.

But obtaining the quality and quantity of feedback you want means you need to ask the right questions. Here are 10 tips that will help you create effective surveys:

  1. Clearly define the purpose of your survey. Effective surveys have focused objectives that are easily understood. For a survey to be successful, you need to spend time upfront to identify, in writing, the following objectives:
    • What is the goal of this survey?
    • What do you hope to accomplish with this survey?
    • How will you use the data you are collecting?
    • What decisions do you hope to be able to provide input to from the responses to this survey?

    By answering these questions now, you’ll be able to more easily identify what data you need to collect later in order to make these decisions.

    It sounds obvious, but a few minutes of planning upfront could mean the difference between receiving quality responses-responses that are useful as inputs to decisions-and uninterpretable data.

    Consider the case of the software firm that wanted to find out what new functionality was most important to its customers. Their survey asked “How can we improve our product?” The resulting answers were anything from “Make it easier” to “Add an update button on the recruiting page.”

    While interesting information, the data wasn’t really helpful for the product manager who wanted to take an itemized list to the development team, using customer input to prioritize his list.

    Spending time identifying the survey’s objectives might have helped the survey creators determine if they were trying to understand their customers’ perception of their software-that is, hard to use, time consuming, unreliable-in order to identify areas of improvement or if they were trying to understand the value of specific enhancements by asking respondents to rank the importance of adding new functionality X, Y or Z.

    Fuzzy goals tend to lead to fuzzy results, and the last thing you want to end up with is a set of results that provide no real decision-enhancing value. Upfront planning helps ensure that the surveys ask the right questions to meet your objectives and therefore that the data you collect will be useful.

  2. Keep the survey short and focused. Keeping it short and focused helps with both the quality and quantity of the responses you’ll get. So it’s generally better to focus on a single objective than try to create a master survey that covers multiple objectives.
  3. Keep the questions simple. When crafting your questions, make sure you get to the point and avoid the use of jargon. If you’re asking something like this: “When was the last time you used our RGS?” you’re probably going to get a lot of unanswered questions. Don’t assume your survey takers are as comfortable with your acronyms as you are.
  4. Use closed-ended questions whenever possible. Closed-ended questions make it easier to analyze results and can take the form of yes/no, multiple choice or a rating scale. Open-ended questions are great supplemental questions and may provide useful qualitative information and insights. However, for collating and analysis purposes, close-ended questions are best. One warning: Make sure your closed-ended questions don’t force survey takers into choosing a “less bad” answer.
  5. Keep rating scale questions consistent. Questions that offer rating scales-for example, rating something on a scale of 1 to 5-are a great way to measure and compare sets of variables. But if you elect to use rating scales, you need to keep them consistent throughout your survey: Use the same number of points on the scale for each question, and make sure the meanings of high and low remain the same. Switching your rating scales around throughout the survey will only confuse survey takers, leading to untrustworthy responses.
  6. Make sure your survey flows in a logical order. Begin with a brief introduction-don’t reveal the survey objective. Next, start with the broader-based questions, later moving to those that are narrower in scope. It’s usually better to collect demographic data and ask any particularly sensitive questions at the end (unless you’re using this information to screen out survey participants). If you’re requesting contact information, put those questions last.
  7. Pre-test your survey. Before launching your survey, be sure to pre-test it with a few members of your target audience to help you uncover glitches and unexpected question interpretations. Also, to make sure it’s not too long, time a few of your test subjects as they take the survey. Ideally the survey should take no more than 5 minutes to complete. Six to 10 minutes is acceptable, but you’ll probably see significant abandonment rates occurring after 11 minutes.
  8. Schedule your survey by taking the calendar into account. When you’re planning your e-mail blast date#151;the e-mail that asks people to visit your site to take the survey-keep in mind that Tuesdays, Wednesdays and Thursdays are the best days to do it-you’ll generate more responses than if you send it out on one of the other four days. You want to catch people’s attention, and you won’t do that on a Friday, when your survey respondents are most likely gearing up for the weekend, Saturday or Sunday, when the last thing on people’s minds is a customer survey, or a Monday, when most people are wading through a loaded in-box.
  9. Offer an incentive for responding. Depending on the type of survey you’re conducting and your survey audience, offering an incentive can be very effective in improving your response rates. People like the idea of getting something in return for their time-incentives typically boost response rates by an average of 50 percent.
  10. Consider using reminders. While not appropriate for all surveys, sending out reminders to those who haven’t yet responded can often provide a significant boost to your response rates.

Get Paid for What You Know

Are dreams of freelancing dancing through your head? If you’re nodding yes, now’s a great time to give it a whirl. As companies scale back on their expensive, benefit-heavy workforce, they’re increasingly turning to outside freelance help. If you’ve got expertise in the right areas, there’s a good chance you can parlay it into a freelance career by sharing your knowledge and skills with a variety of clients.

Let Freedom Ring

There’s no question about it; freelance doesn’t start with the word “free” for nothing. Freedom is a major perk of freelancing. As a full-time freelancer, you’ll work when you want. You can take vacations when you want, for as long as you want. Weekend getaways won’t have to be confined to weekends, and business suits are mostly a thing of the past. There’s no boss breathing down your neck, nagging you. And there are no irritating co-workers slacking off at the water cooler, driving you nuts.

But in exchange for all those freedoms comes risk and insecurity. As a freelancer, your next paycheck is never guaranteed. Anxiety about where the next job is coming from plagues many freelancers, no matter how seasoned. But insecurity comes with the turf, and dedicated freelancers learn to make peace with it.

The best way to ensure your freelancing future is to offer a service you know people want. Just because you’d like to do something doesn’t mean that there’s a ready made market for it.

“‘Follow your heart and do what you love’ is just a slogan. You need to get real,” says Kelly James-Enger, author of Six Figure Freelancing. “If you’re not offering a service people are willing to spend money on, you’re not going to be in business [for long].”

Search your local paper and the Internet to see who’s doing what you want to do, what they charge and who their clients are. Talk to everyone you know until you turn up freelancers doing what you hope to do. Then call them up and pick their brains about which segments of the market are growing and where most of their work comes from. This information is critical to helping you carve out a niche and fill a current opening in the market.

Think about this: Ten years ago, web designers made a pretty penny freelancing their services to corporations, but today the demand has lessened as all those laid-off dotcomers have created a glut in the market. On the other hand, small-business owners are more keen then ever to learn web design themselves, as are retiring baby boomers, so teaching web design may prove more lucrative than doing the actual design work right now.

Don’t Quit Your Day Job–Yet

Once you’ve decided what aspect of your field to freelance, take the time to establish yourself. “The biggest misconception people have is that they’re going to jump right into it and start making money,” cautions Laurie Rozakis. “Not true. Just because you build it doesn’t mean they’ll come.”

Rosakis, who is a freelance writer and editor, and the author of The Complete Idiot’s Guide to Making Money in Freelancing, says it can take months–even years–to develop a reputation and client base. For that reason, many freelancers start by moonlighting while still holding on to their day jobs.

“Everyone thinks it’s going to happen overnight, but I don’t know a single freelancer who immediately started making a six-figure income,” maintains James-Enger.

A good rule of thumb is not to give up your day job until you have between six months and one year’s worth of savings, more if you’re the sole support for your household. “Don’t leave your job until you’re confident you can pay your mortgage and healthcare and put money into a retirement account,” James-Enger advises.

Of course, moonlighting while working for your current employer can be tricky-especially if you’re freelancing in the same field. Let’s say you’re an advertising copywriter who wants to start freelancing on the side. You’ll probably need to tell your employer, who may require you to sign a noncompete agreement in which you promise not to steal, or “borrow,” clients. If, on the other hand, you’re an advertising copywriter who wants to do freelance Japanese translations, your employer probably doesn’t even need to know what you’re doing after hours.

Generating Business

As in any business, your freelancing career is only as strong as the sales you make. Finding clients is the number-one challenge for any freelancer just starting out. It’s almost a catch-22: How do you attract clients when you’ve never had any? Here are some practical steps that will propel you out of the conundrum and into business:

  1. Develop a portfolio to demonstrate the scope of your skills. If that means working for no pay or low pay initially, do it. Samples of your work will be your best calling card.
  2. Tell everyone you know–colleagues, friends, family, neighbors–about your new freelance gig. Referrals will make up the bulk of your business initially.
  3. Join professional organizations–online or in the community–that serve your field. In addition to all the other benefits you’ll gain, you’ll also pick up insider tips of where to find work.
  4. Join local organizations, like the chamber of commerce or Rotary club. “Creative people often overlook organizations like these, thinking they’ll be filled with stiff bankers and businesspeople,” notes James-Enger. “And they may be–but that’s who’ll be hiring you to do your creative work.”
  5. Volunteer in the community doing something you love, and you’ll broaden your network of potential clients.
  6. Cold call. Yes, everyone hates cold calling, but the reason freelancers need to do this is because it works.

Another important point to remember is that freelancing doesn’t solely mean doing the thing you love. It also means knowing how to sell and market your services. When starting out, about 90 percent of your time will be spent on sales and marketing tasks. “Work won’t just stumble upon you,” says James-Enger. “You can be as talented as anything, but it won’t mean a thing if you can’t sell yourself.”

Rozakis agrees. “A lot of people go into freelancing thinking, ‘I’ve got the talent.’ What they need to realize is a lot of people have talent. What makes a successful freelance business is how strong your client list is.”

And building a client base requires that you plug away tirelessly without getting discouraged. Expect rejection. It comes with the territory–and often. But don’t let that stop you from trying again.

“Think of a salesperson at The Gap who gives you a pair of pants to try that don’t fit,” says James-Enger. “A good salesperson doesn’t sulk away, dejected. She hands you another pair and another pair until you buy something.”

Get Serious

When you see that you’re starting to make enough money that your freelancing is becoming a viable career, it’s time to start putting the business building blocks in place that will ensure that you–and your clients–take your business seriously. That means going beyond ordering hot-looking business cards.

No matter what your field, contracts are important. Many freelancers overlook developing their own, instead letting clients design contracts or foregoing them altogether. That’s a mistake–and it can be a costly one.

“Protect yourself,” stresses Rusty Fischer, who wrote Freedom To Freelance. He recommends checking out contracts used by other freelancers you know, so you can borrow the best of what they’ve got and incorporate those ideas into your own contract. Then run your contract by a lawyer to make sure your rights are protected. “It’s well worth a few hundred bucks to get it right,” he notes.

Establishing an accounting system is also imperative. Not only will it help you keep track of what you’re due, but it will simplify your life. Freelancers are on the IRS radar anyway, so good record keeping will give you peace of mind and make any possible future audit less painful.

“Get a great accountant or [take a] community college course and learn software programs like Quicken to keep your books,” Rozakis recommends. “You skip this aspect of the business, and you’ll be very sorry.”

Depending on your industry, having a website may be helpful in marketing your services. If you have visual examples of what you do, say landscape design or theatrical costuming, a website will act as a portfolio and introduce your work to prospective clients. (Websites are obviously less useful to freelancers without visual examples, say, home inspectors or medical billing administrators.)

Know Thy Self

One of the most important decision you’ll have to make before fully committing to running a freelance business is to determine if this type of lifestyle matches your personality. “Know thyself,” says Rozakis. “Really think this through before you make a commitment to a lifestyle and work style you just may not be suited for.”

And while you no longer have a boss, you do have to answer to someone–yourself. That’s why self-discipline is key to taking your freelancing gig from an interesting hobby to a viable business. “It really helps to be a Type A personality because you have to be able to motivate yourself and manage your time,” says James-Enger. “You can’t be a slacker and have a successful freelance career.”

Tempting as it may be to cut out mid-afternoon for a movie or a walk with the dog, most days those kinds of things just aren’t going to happen. “Not only will you normally work way more hours per week as a freelancer, but your schedule probably won’t wind up being as flexible as you think,” warns Fischer. “Most of your clients are working regular hours, from 9 to 5. Being available to them means that most of time, you’ll be working very regular hours.”

The freelance life is a solitary life. If you’re someone who feeds off the energy of other people, freelancing may prove too lonely a road to travel. Fortunately, for those who seek them out, there are solutions to the lack of daily social contact. Many freelancers fill their need to interact with other people by taking on-site freelance gigs, where they work–at least temporarily–among other people. Others turn to freelancer support groups where they meet once a month over a cup of coffee to swap tales of glory and woe. And others work on collaborative projects with other freelancers.

It takes time to grow a freelance business; it takes time to establish yourself; and it takes time to make money. All of this can be nerve-wracking and cause countless sleepless nights. But with talent, patience, tenacity and a touch of luck, freelancing can be among the most rewarding–and lucrative–ways to make money.

“Would I ever go back to working for the ‘man’?” laughs James-Enger. “No way. For all the struggles and unknowns, I wouldn’t give up freelancing and be somebody’s employee for anything.”

Freelancing Options

Think the freelance life might be for you? The good part is, if you do it, there’s a good chance you can freelance it. Here are some of the most frequently freelanced gigs around:

  • Accountant/bookkeeper
  • Appraiser
  • Cartographer
  • Chef
  • Computer programmer
  • Corporate event planner
  • Data entry/processor
  • Editor/copyeditor
  • Engineer
  • Esthetician
  • Film animator
  • Financial planner
  • Floral arranger
  • Fundraiser
  • Furniture restorer/repairer
  • Grant writer
  • Graphic designer
  • Home inspector
  • Interior designer
  • Landscape architect
  • Massage therapist
  • Medical administration (billing)
  • Package design
  • Party planner
  • Photographer
  • Political consultant
  • Private investigator
  • Professional organizer
  • Sales/marketing consultant
  • Seamstress
  • Set designer
  • Telemarketer
  • Translator/interpreter
  • Tutoring
  • Upholsterer
  • Web designer
  • Writer

It’s All In The Name

What’s in a name? Just about everything when it comes to small-business success. The right name can make your company the talk of the town; the wrong one can doom it to obscurity and failure. If you’re smart, you’ll put just as much effort into naming your business as you did into coming up with your idea, writing your business plan and selecting a market and location. Ideally, your name should convey the expertise, value and uniqueness of the product or service you’ve developed.

There’s a lot of controversy over what makes a good business name. Some experts believe that the best names are abstract, a blank slate upon which to create an image. Others think that names should be informative, so customers know immediately what your business is. Some believe that coined names (names that come from made-up words) are more memorable than names that use real words. Others think most coined names are eminently forgettable. In reality, any type of name can be effective if it’s backed by the appropriate marketing strategy.

Do It Yourself?

Given all the considerations that go into a good company name, shouldn’t you consult an expert, especially if you’re in a field in which your company name will be visible and may influence the success of your business? And isn’t it easier to enlist the help of a naming professional?

Yes. Just as an accountant will do a better job with your taxes and an ad agency will do a better job with your ad campaign, a naming firm will be more adept at naming your firm than you will. Naming firms have elaborate systems for creating new names, and they know their way around the trademark laws. They have the expertise to advise you against bad name choices and explain why others are good. A name consultant will take this perplexing task off your hands–and do a fabulous job for you in the process.

The downside is cost. A professional naming firm may charge anywhere from a few thousand dollars to $35,000 or more to develop a name. The benefit, however, is that spending this money now can save you money in the end. Professional namers may be able to find a better name–one that is so recognizable and memorable, it will cut down your costs in the long run. They have the expertise to help you avoid legal hassles with trademarks and registration–problems that can cost you plenty if you end up choosing a name that already belongs to someone else. And they are familiar with design elements, such as how a potential name might work on a sign or stationery.

If you can spare the money from your startup budget, professional help could be a solid investment. After all, the name you choose now will affect your marketing plans for the duration of your business. If you’re like most small-business owners, though, the responsibility for thinking up a name will be all your own. The good news: By following the same basic steps professional namers use, you can come up with a meaningful moniker that works . . . without breaking the bank.
What Does It Mean?

Start by deciding what you want your name to communicate. To be most effective, your company name should reinforce the key elements of your business.

Gerald Lewis, whose consulting firm, CDI Designs, specializes in helping retail food businesses, uses retail as an example. “In retailing,” Lewis explains, “the market is so segmented that [a name must] convey very quickly what the customer is going after. For example, if it’s a warehouse store, it has to convey that impression. If it’s an upscale store selling high-quality foods, it has to convey that impression. The name combined with the logo is very important in doing that.” So the first and most important step in choosing a name is deciding what your business is.

Should your name be meaningful? Most experts say yes. The more your name communicates to consumers, the less effort you must exert to explain it. Alan Siegel, chairman and CEO of Siegel & Gale, an international communications firm, believes name developers should give priority to real words or combinations of words over fabricated words. He explains that people prefer words they can relate to and understand. That’s why professional namers universally condemn strings of numbers or initials as a bad choice. On the other hand, it is possible for a name to be too meaningful.

Naming consultant S.B. Master cautions business owners need to beware of names that are too narrowly defined. Common pitfalls are geographic names or generic names. Take the name “San Pablo Disk Drives” as a hypothetical example. What if the company wants to expand beyond the city of San Pablo, California? What meaning will that name have for consumers in Chicago or Pittsburgh? And what if the company diversifies beyond disk drives into software or computer instruction manuals?

Specific names make sense if you intend to stay in a narrow niche forever. If you have any ambitions of growing or expanding, however, you should find a name that is broad enough to accommodate your growth. How can a name be both meaningful and broad? Master makes a distinction between descriptive names (like San Pablo Disk Drives) and suggestive names.

Descriptive names tell something concrete about a business–what it does, where it’s located and so on. Suggestive names are more abstract. They focus on what the business is about. Would you like to convey quality? Convenience? Novelty? These are the kinds of qualities that a suggestive name can express.

For example, Master came up with the name “Italiatour” to help promote package tours to Italy. Though it’s not a real word, the name “Italiatour” is meaningful. Right away, you recognize what’s being offered. But even better, the name “Italiatour” evokes the excitement of foreign travel. “It would have been a very different name if we had called it �Italytour,’” says Master. “But we took a foreign word, �Italia,’ but one that was very familiar and emotional and exciting to English speakers, and combined it with the English word �tour.’ It’s easy to say, it’s unique, it’s unintimidating, but it still has an Italian flavor.”

Before you start thinking up names for your new business, try to define the qualities that you want your business to be identified with. If you’re starting a hearth-baked bread shop, for example, you might want a name that conveys freshness, warmth, and a homespun atmosphere.

Immediately, you can see that names like “Kathy’s Bread Shop” or “Arlington Breads” would communicate none of these qualities. But consider the name “Open Hearth Breads.” The bread sounds homemade, hot, and just out of the oven. Moreover, if you diversified your product line, you could alter the name to “Open Hearth Bakery.” This change would enable you to hold onto your suggestive name without totally mystifying your established clientele.

Begin brainstorming business names, looking in dictionaries, books and magazines to generate ideas. Get friends and relatives to help if you like; the more minds, the merrier. Think of as many workable names as you can during this creative phase. Professional naming firms start out with a raw base of 800 to 1,000 names and work from there. You probably don’t have time to think of that many, but try to come up with at least 10 names that you feel good about. By the time you examine them from all angles, you’ll eliminate at least half.

The trials you put your names through will vary depending on your concerns. Some considerations are fairly universal. For instance, your name should be easy to pronounce, especially if you plan to rely heavily on print ads or signs. If people can’t pronounce your name, they will avoid saying it. It’s that simple. And nothing could be more counterproductive to a young company than to strangle its potential for word-of-mouth advertising.

Other considerations depend on more individual factors. For instance, if you’re thinking about marketing your business globally or if you’re located in a multilingual area, you should make sure that your new name has no negative connotations in other languages. On another note, Master points out, if your primary means of advertising will be in the telephone directory, you might favor names that are closer to the beginning of the alphabet. Finally, make sure that your name is in no way embarrassing. Put on the mind of a child and tinker with the letters a little. If none of your doodlings make you snicker, it’s probably OK.

Chuck Brymer, president of naming firm Interbrand U.S.A., advises name seekers to take a close look at their competition. “The major function of a name is to distinguish your business from others,” Brymer observes. “You have to weigh who’s out there already, what type of branding approaches they have taken, and how you can use a name to separate yourself.”
Making Up a Name

At a time when almost every existing word in the language has been trademarked, the option of coining a name is becoming more popular. Perhaps the best coined names come from professional naming firms. Some examples are Acura, a division of Honda Motor Co. coined by NameLab, and Flixx, a name CDI coined for a chain of video rental stores.

Since the beginnings of NameLab, founder Ira Bachrach has been a particular champion of the coined name. He believes that properly formulated coined names can be even more meaningful than existing words. Take, for example, the name “Acura.” Although it has no dictionary definition, it actually suggests precision engineering, just as the company intended. How can that be? Bachrach and his staff created the name “Acura” from “acu,” a word segment that means “precise” in many languages. By working with meaningful word segments (what linguists call morphemes) like “acu,” Bachrach claims to produce new words that are both meaningful and unique.

“One of the reasons a new company is formed is that it has new value; it has a new idea,” Bachrach contends. “If you adopt a conventional word, it’s hard to express the newness of your idea. But as long as it’s comprehensible, a new word will express that newness.” Bachrach also admits, however, that new words aren’t always the best solution. A new word is complex and implies that the service or product you’re offering is complex, which may not be what you want to say. Plus, naming beginners might find this type of coining beyond their capabilities.

An easier solution is to use new spellings of existing words. For instance, CDI’s creation: “Flixx.” “Flixx” draws upon the slang term “flicks,” meaning movies. But the unusual spelling makes it interesting, while the double “X” at the end makes it visually appealing. Just as important, “Flixx” is more likely to be available for trademarking than “Flicks,” a factor that’s especially important to a chain operation interested in national expansion.

After you’ve narrowed the field to, say, four or five business names that are memorable, expressive and can be read by the average kindergartner, you are ready to do a trademark search.

Must every name be trademarked? No. Many small businesses don’t register their business names. As long as your state government gives you the go-ahead, you may operate under an unregistered business name for as long as you like–assuming, of course, that you aren’t infringing on anyone else’s trade name.

But what if you are? Imagine either of these two scenarios: You are a brand-new manufacturing business just about to ship your first orders. An obscure company in Ogunquit, Maine, considers your name an infringement on their trademark and engages you in a legal battle that bankrupts your company. Or, envision your business in five years. It’s a thriving, growing concern, and you are contemplating expansion. But just as you are about to launch your franchise program, you learn that a small competitor in Modesto, California, has the same name, rendering your name unusable.

To illustrate the risk you run of treading on an existing trademark with your new name, consider this: When NameLab took on the task of renaming a chain of auto parts stores, they uncovered no fewer than 87,000 names already in existence for stores of this kind.

That’s why even the smallest businesses should at least consider having their business names screened. You never know where your corner store is going to lead. If running a corner store is all a person is going to do, then, he doesn’t need to do a trademark search. But that local business may become a big business someday if that person has any ambition.

Ensuring that your name is going to be federally registerable is important. Also make sure that the individual states that you want to do business in will let you do business under that name. Enlisting the help of a trademark attorney or at least a trademark search firm before you decide on a name is highly advisable. The extra money you spend now could save you countless hassles and expenses further down the road. Try to contain your excitement about any one name until it has cleared the trademark search. It can be very demoralizing to lose a name you’ve been fantasizing about.
Trademark Classes

There are many misconceptions about trademarks and service marks and the level of protection provided for them under the law. One of the first misconceptions is that a trademark is all-encompassing. In fact, trademarks and service marks are filed under a specific class or classes. (For a complete list of eligible classes, visit the “International Schedule of Classes of Goods and Services” at the USPTO website.) There are 45 classes to choose from when filing for a trademark or service mark. Companies can file under one class or multiple classes depending on the nature of their product or service.

For instance, if a company has a registered trademark under class 15, musical instruments, another company using that same name in the pursuit of doing business in the category of musical instruments would potentially cause confusion in the marketplace and infringe upon a registered trademark. However, if a company does business within a different class, say class 1, chemicals, the potential for confusion would be extremely unlikely.
Conducting Your Own Trademark Search

If you’re going to search on your own, the Patent and Trademark Depository Libraries (PTDL) nationwide have directories of federally registered trademarks and an online database of registered marks and pending registration applications. You can also use product guides and other materials available in these libraries to search for conflicting marks that haven’t yet been registered. The U.S. Patent and Trademark Office’s (PTO) websitelists PTDLs in your state.

The site also has a free database of pending and registered trademarks; these are usually entered in the PTO database one to two months after filing. You can also contact the PTO at (800) 786-9199 for general information about trademark registration or to ask about the status of specific trademark applications and registrations.

It’s also a good idea to search the web and see if anyone is using the name without having registered it. Do this with more than one search engine for the most thorough results. Also, check with domain name registrars like Network Solutionsto see what’s available. This can help you find other businesses using your chosen name or similar names, and it can also help you narrow down your choices. If you can’t have your top choice of a business name as a .com domain, you might want to consider alternative spellings, choices or top-level domains (i.e., “.net” or “.us”).

If you’re lucky, you’ll end up with three to five business names that pass all your tests. How do you make your final decision?

Recall all your initial criteria. Which name best fits your objectives? Which name most accurately describes the company you have in mind? Which name do you like the best?

Each company arrives at a final decision in its own way. Some entrepreneurs go with their gut or use personal reasons for choosing one name over another. Others are more scientific. Some companies do consumer research or testing with focus groups to see how the names are perceived. Others might decide that their name is going to be most important seen on the back of a truck, so they have a graphic designer turn the various names into logos to see which works best as a design element.

Use any or all of these criteria. You can do it informally: Ask other people’s opinions. Doodle an idea of what each name will look like on a sign or on your business stationery. Read each name aloud, paying special attention to the way it sounds if you foresee radio advertising or telemarketing in your future. Professional naming firms devote anywhere from six weeks to six months to the naming process. You probably won’t have that much time, but plan to spend at least a few weeks on selecting a name. Once your decision is made, start building your enthusiasm for the new name immediately. Your name is your first step toward building a strong company identity, one that should last you as long as you’re in business.
Filing a DBA

Now that you’ve decided upon a name, do you need to file a DBA? If you’re structuring your company as a sole proprietorship or a partnership, a dba (“doing business as”) or fictitious business name allows you to legally do business under your new business name (rather than your own name). You may be required by the county, city or state to register your fictitious name.

Procedures for doing this vary among states. In many states, all you have to do is go to the county offices and pay a registration fee to the county clerk. In other states, you also have to place a fictitious name notice in a local newspaper for a certain amount of time. The cost of filing a fictitious name notice ranges from $10 to $100. Your local bank may also require a fictitious name certificate to open a business account for you; if that’s the case, they can tell you where to go to register. In most cases, the newspaper that prints your fictitious name ad will also file the necessary papers with the county.

In most states, corporations don’t have to file fictitious business names unless the corporations do business under names other than their own. For example, using dbas allows your corporation to run several businesses without creating separate legal entities for each one. But if you’ve just got one business that’s a corporation, incorporation documents have the same effect as fictitious name filings do for sole proprietorships and partnerships.

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