A strong brand begins with the right name
Khursheed Khan & Associates specialises in brand-name creation as well as brand protection. Businesses introducing new products or services can engage the firm to develop and select names suited to their audience, commercial positioning and intended markets.
We bring the naming exercise together with legal review. A name should be assessed for its distinctiveness, meaning, pronunciation, commercial fit and potential conflicts before substantial investment is made in packaging, promotion or launch.
Naming brief and brand positioning
We work with the client to define the product or service, target audience, desired associations and future expansion plans. The brief establishes whether a new name should stand alone, form part of a brand family or support a wider corporate identity.
Name creation and shortlisting
We develop and assess candidate names against the agreed brief, considering memorability, differentiation and practical use. The shortlist can explore coined names and other appropriate naming approaches, with linguistic input where the intended markets require it.
Selection and legal screening
We review shortlisted names for potential protection issues and coordinate searches appropriate to the relevant goods, services and territories. Preliminary screening and a full clearance assessment have different scopes; the client is advised what has and has not been checked.
Launch and protection planning
Once a name is selected, we help plan filing priorities, ownership, permitted use and supporting brand documentation. Domain names and digital identities can be considered alongside trade mark strategy. A domain registration alone does not establish trade mark clearance.
Create TM: names for new products and services
The firm has access to a substantial portfolio of names developed for a range of products and services. Some marks have already been registered by its sister firm, Create TM, which specialises in brand-name creation and enforcement.
Clients can enquire about names suited to a proposed venture. We review the commercial fit and the current status of any candidate, including the owner, covered goods or services, jurisdictions and any restrictions. Where appropriate, an assignment or licence can be explored on agreed terms.
A name’s presence in the portfolio, or a registration held in one jurisdiction or class, does not establish unrestricted availability for every product, service or country. Availability, transfer arrangements and any additional clearance or filings are confirmed for the proposed use.
A longstanding interest in the craft of naming
The firm has historically been connected with corporate naming specialist and author Naseem Javed. His publications include Naming for Power: Creating Successful Names for the Business World, which addresses the importance of naming in business identity and market positioning.
This connection forms part of the firm’s longstanding interest in combining the creative selection of names with their legal and commercial protection.
Protecting the brand in the market
Protection-gap and ownership reviews
We examine the rights and records supporting a brand, including registrations, applications, commissioned artwork and ownership documentation. The review can identify gaps between what the business uses and what its portfolio protects.
Market and online monitoring
Within an agreed scope, we review reported activity and coordinate monitoring of relevant markets or online channels. Potential concerns are prioritised by commercial impact, the rights involved and the evidence available. Coverage and reporting frequency are defined at the outset.
Investigations and evidence preservation
We coordinate lawful fact-finding, test purchases and records of suspected misuse where appropriate. Samples, transaction documents, photographs and online records should be organised with their dates and sources so that the legal team can assess their use.
Counterfeits, lookalikes and unauthorised use
We assess reported imitation against the client’s rights and commercial objectives. Different conduct may call for different responses; a suspected counterfeit, similar presentation and a contractual misuse should not automatically be treated as the same problem.
Notices and negotiated resolution
Where suitable, we prepare notices and explore undertakings or settlement terms. The proposed response should define the conduct complained of and the outcome sought, supported by the relevant rights and evidence.
Proceedings and enforcement coordination
We assess available legal routes and coordinate instructed proceedings with the appropriate legal team. Any requested relief, authority to act and evidence must be reviewed for the matter concerned. Overseas work is coordinated with qualified local advisers.
Customs and supply-chain concerns
We assist with the assessment of suspected cross-border counterfeit trade and the preparation of rights and product-identification material for appropriate advice or action. The available border procedures must be checked for the goods and jurisdiction involved.
Digital platforms and domain misuse
We help assess unauthorised listings, impersonation and domain-name conflicts. Platform complaints and domain procedures depend on the applicable rules and supporting evidence. The strategy should distinguish a removal request from other legal remedies.
From a new name to an enduring asset
- Define the product or service, audience, markets and commercial objectives.
- Develop a shortlist or review suitable candidates from the available naming portfolio.
- Assess suitability and agree the scope of clearance and ownership checks.
- Confirm the selected name and any assignment, licence or filing instructions.
- Prepare for launch with appropriate rights records and brand-use guidance.
- Monitor agreed risks and respond to reported threats as the brand develops.
What to provide
For name creation or selection
Provide a description of the product or service, target customers, intended countries, preferred tone, languages, competitors, launch timetable and any names already considered.
For protection or enforcement
Provide rights records, authentic and suspect materials, relevant URLs, dates, correspondence, distributor information and details of any proceedings or urgent deadlines.
Frequently asked questions
Can we engage the firm before choosing a brand?
Yes. The naming brief can begin before a product or service is launched, allowing commercial and legal considerations to inform the shortlist.
Can we select a name from Create TM’s portfolio?
You can enquire about suitable candidates. Current availability, ownership, registration coverage and proposed transaction terms must be confirmed for each name.
Are all portfolio names already registered?
No. Some marks have been registered by Create TM. The status of any proposed name is checked individually.
Does a registered name guarantee that we can use it everywhere?
No. The intended goods, services and countries must be assessed, together with the scope and status of the rights and any competing interests.
Can the firm protect an existing brand?
Yes. An engagement may focus on portfolio gaps, reported misuse, monitoring or a defined enforcement matter without any naming work.
Can international markets be included?
Yes. Naming and protection work can be coordinated across markets, with local legal and linguistic expertise where required.