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When a newly merged organization decides on a new name, how does one go about rebranding and launching the name? What should we put into an RFP with a consultant to do the rebranding? What are all the legal issues and procedures for registering the new name and how do you coordinate the timing?

This is an excellent question. The process of naming the new organization is often given insufficient time and thought. The branding process offers a great opportunity to establish your new organization's image and value among your stakeholders. However, it takes time, effort, and effective promotion to achieve awareness of your new name among your constituents, especially if the names of the previous organizations were well known.

You are wise to hire an experienced consultant to help you with selecting and/or launching your name. There are many components of the process, which we've outlined below. Prior to finalizing your RFP, it may also be helpful to consult a basic marketing textbook so you are more familiar with branding concepts. This will help you structure your RFP, as well as to evaluate the knowledge and skills of the consultants who respond. Additionally, you may want to consult an attorney who is familiar with trademark matters.

The US Patent and Trademark Office's (USPTO) website, www.uspto.gov, provides a wealth of information on the branding process, such as how to perform a trademark search, how to apply for a trademark, and how long the process may take. It also describes common law rights, which arise from actual use of a mark without federal registration. (Generally, the first to either use a mark, or to file an "intent to use" application with the USPTO, has the ultimate right to use and registration.)

Generally, you will need several months to select and test the new name before you file an application to register the mark with the USPTO. If you decide to apply for federal registration, the process typically takes at least a year. Depending on the timing of your merger decision and implementation process, the new organization may need to use a temporary name while the new name is being selected and/or registered (e.g., combining the names of the pre-merger organizations).

Following is a brief outline of the steps your organization will need to take in the rebranding process:

• Determine your objectives and strategies. What is your organization's identity? What image do you want in the community? How do you want to be perceived? What values do you want to convey to your stakeholders?
• Brainstorm among your staff and board members to identify a list of acceptable names. You may also want to include your volunteers in this effort. Be as open as possible to obtain a comprehensive list. This is also a helpful exercise to get the staffs of the newly merged organization working together.
• Narrow the list down to 5-10 top names. Consider the following questions: Is the name simple, easy to remember? Is it memorable? What mental image does it convey? Does it have meaning? Is it limiting - e.g., does it reference a specific geographic location, potentially discouraging future expansion? What is the acronym? Names are often abbreviated in written text, so you'll want to make sure that the acronym doesn't have a negative meaning or connotation.
• Conduct a legal name search to determine whether any of these names have already been registered or are in the registration process. (Consult the USPTO website for how to do this.)
• Conduct a common name search to determine whether any of these names are already is use.
• Conduct research with your stakeholders (e.g., board members, volunteers, clients, public at large, and funders). Having narrowed down the list to no more than 5-7 names, hold focus group meetings to determine which name best meets your objectives. This includes asking participants what words they associate with each name, the benefits and value each name conveys to them, and which name(s) they prefer. Make sure to include a representative cross-section of people, including those who are unfamiliar with the previous organizations.
• Select the name that best meets your objectives and supports your strategies.
• Begin using the name, while also filing for federal registration. During this period of time, you may want to use a service mark (SM) with the name to establish your use of it.
• Determine the tag lines, design, and colors you will use with your new name. There are many considerations here. An experienced consultant can assist you in addressing these. These considerations include printing costs, the connotation of the design (i.e., What image does it convey? Is the "message" conveyed by the image consistent with your objectives and strategies?), how the design will look when copied in black and white or when faxed, etc.
• Begin the transition process. You will want to have a well-thought-out promotional campaign for this transition process, one that assures that stakeholders of the former organizations are made aware of the change. This is a unique opportunity to introduce the new organization and establish it in the minds and eyes of stakeholders.
• Develop the new marketing and promotional materials. Conduct an "audit" of all marketing materials to determine which ones need to be changed. This includes letterhead, envelopes, labels, brochures, the website, signage, etc. There are significant costs associated with reprinting materials, so you may want to phase in the new name as materials are depleted. However, this must be balanced against the need to move quickly to gain awareness for the new organization among its stakeholders.