part 6. how not to name a brand : planning and execution failure

this is from the pdf file in the website that details the mechanics of winning in the promo:

2. The winning entry shall be evaluated through the following steps:

Elimination Stages:
a. Every week from November 4, 2007 to January 31, 2008, 100 entries shall be randomly selected from the entries submitted. Entries that are not selected during the weekly random selection shall still be eligible from random selection in the following weeks.

b. The 100 entries randomly selected each week shall be initially evaluated based on the fit of the name to the product, after which 30 entries shall be chosen from said 100 entries.

c. All 30 weekly entries shall be evaluated on the basis of the following criteria:

i. Originality
ii. Suitability for use as a brand name
iii. Absence of prior registration at the Philippine Intellectual Property Office
iv. Non-use by any company or person
v. Conformity with branding regulations of the BFAD or any other responsible agency.

d. Entries that do not meet the criteria mentioned above shall be disqualified and those that were not chosen during the random selection. They are not qualified to win any prize, even if they turn out to have submitted the same as the entry/ies that eventually win/s the prize/s.

the above mechanics are confusing and unclear as to exactly what is the process they will follow in selecting the 'finalists". the mechanics is saying there will be 30 finalists, but at the moment the website has 62 "finalists" listed there now. and i don't recall the website ever identifying any 30 entries.

the 30 entries is quite important as based on their mechanics, these are the ones that have been evaluated based on the criteria identified above (letter C). the criteria they have identified there are legal and regulatory considerations (iii. to v.). you can't just use any name as a brand name, you need to register them and it should follow laws and regulations from the government.

since the 62 names are declared as "finalists", do we take that to mean that all these have been legally cleared and therefor ready for use as a brand name?

the use of a website in the internet to help them decide on a brand name is a very impractical thing to do, not to mention full of risks and dangers.

among other things, it means nestle would need to check each and every brand name submission to see it they pass the regulatory considerations and what they call as "fitness to be used as a brand name" criteria. they have to do that before they post it in the website.

they have 62 names as finalists, did nestle register each name already to own each one? they have to, as any 1 of the 62 can end up to be the winner. if they did not register or own all 62 names, an enterprising person can actually register if for himself/herself ahead of nestle. anyone can register it for himself the day it appears in the website and nestle is pre-empted.

brand names are trademarks, they should be treated as trade secrets until they are launched in the market. you worry about competition getting to know about it. in fact, you take pains in keeping everything about a new product launch secret. you don't want to be pre-empted.

since nestle put it out in a website, that means anyone can read it, including nestle's competition. that is the reason why nestle should have registered all 62 names in the list of finalists. if they didn't, there is no way it can stop its competition or an enterprising individual to register it for themselves.


to be continued....