How to Choose the Perfect Business Name & Trademark it

Your business should have a distinct brand identity, logo and a brand name in order to stand out from the competition. The process of choosing the perfect business name that is both catchy and communicates what your business is as exciting as it can be daunting. It’s also one of the key pieces that will differentiate you from your competitors. The main purpose of your business name should be to communicate your mission. If possible it should be easy to remember and unique.

Here’s some things for you to consider when choosing your business name:

1.Be descriptive but not too general or vague

Don’t choose a name that is too vague, generic or too meaningful.

2. Get creative with using words

A good way to create catchy, memorable business names is to use alternate versions of common words related to the service you’re offerings.

3. Keep it simple

Be clever, but don’t overdo it. Don’t choose a name that is too long or complicated. It should sound pleasant, familiar and conjure up positive emotions.

4. Don’t copy your competitors

Avoid choosing a name too similar to other businesses in your industry.

5. Choose a name that’s scalable

Pick a name that can expand your business. For example, if you sell books, you might one day decide to sell stationery products or accessories too. If your service is based in a certain area, you might extend to other cities. Selecting a broad name will enable you the opportunity for future growth.

6. Make sure the domain is available

Once you’ve narrowed down your name options, you have to make sure the name you want to use is available. Check if the name is already registered as a trademark or acquired by another business. Make sure your desired domain is available by doing a domain name check. You can do so by visiting www.bluehost.com/domains and typing in your name. Your domain name will impact your online visibility and influence your marketing efforts.

7. Try to avoid using acronyms

Many big companies use acronyms of their name. It might seem like a good idea, but at the beginning of your business journey, your goal is to establish your brand. Acronyms have the potential to confuse your prospects. There’s a possibility that your business acronym will also be matched with someone else, making it difficult for you to rank high in search engines.

8. Consider pronunciation

Is your potential business name to pronounce? Will people understand what you’re communicating? Is it easy to spell when typing it into google search for example? Try to pick a name that is easy to pronounce and spell.

9. Double-check trademarks

Make sure to check that your business name isn't similar or the same to a registered trademark. You can use this Trademark Checker.  Company Name and Trademark Checker.

If you’re feeling a little bit stuck you can use Namelix.com. A free business name generator to come up with some ideas.

What to do if your chosen business name isn’t available?

If you've jumped this stage and already picked your business name realising that the domain isn’t available. Don’t stress, there’s no need to abandon a good business name just because an exact domain is not available. Here are a couple of things that you can do instead:

1. Add modifiers to the name

Say your business name is Wellnesshub and you sell yoga gear, but yogahub.com is already taken. Then you can look for domain names like wellnesshubonline.com or wellnessyoga.com.

2. Be creative with domain selection

Nowadays, businesses use different top-level domains to make their URLs more memorable. For example, the blogging platform Postachio chose postach.io as their domain. They chose a ccTLD (.io) which is already part of their business name.

How to Trademark Your Brand Name and Logo?

In order to protect a brand identity many entrepreneurs go down the route of trademarking their business. It’s a simple way to protect your brand name and emblem.

A trademark is a logo, phrase, term, or slogan that distinguishes a product or service from the rest. By trademarking it, essentially you have the right to sue to safeguard it, if someone else tries to utilise it. If you choose to go down the route of trademarking your business name or logo, below you will find a 3 step process you will take to do so.

Step 1: Search and Choose your Trademark

The first step is to look for an appropriate trademark. When looking for a copyrighted brand name or logo for your business, you should ask yourself the following questions:

Is it Strong?

Your brand name or logo should be powerful, unique, and symbolic of your company. For example if you plan to run your business in the United States. Only names and logos that passed specific tests are trademarked in the USPTO, the organisation charged with trademarking brand names and logos in the United States. The USPTO evaluates potential brand names and logos into four categories, from strongest to weakest. The weakest names have a lesser likelihood of being patented. They are as follows:

Arbitrary Brand Names or Logos

The USPTO considers arbitrary potential brand names or logos strong enough to be trademarked because there is a small probability that someone else will use the name or emblem for their own business. Brand names and logos that fit this description are more likely to get registered because they are often extremely unique and innovative.

Suggestive Brand Names or Logos

This category includes potential brand names and logos that are suggestive but not specific. They aren't always completely original, but they may be granted patent protection if they fit certain additional criteria.

Descriptive Brand Names or Logos

Brand names and logos that fit within this category are seen to be weak. They may be denied trademarking if they just straightforwardly explain the product, as there is a good likelihood that many other people have already chosen the exact brand name or emblem for their business.

Generic Brand Names or Logos

It is nearly impossible to trademark a name or logo that fits this category since they are far too basic and are likely to be widely used.

Is it Already being Used by Someone Else?

Following the selection of a strong trademark, the next question is whether or not it is already in use by another party. The best way to find out is to conduct an online trademark search or use the Trademark Electronic Search System (TESS).

When looking online with a common search engine, you'll want to look for organisations that are not just using the exact name you want to use but also ones that are very close to the one you want to use.

On the other hand, a TESS search allows you to look up registered trademarks in the USPTO's database. Suppose you do not live in the United States. In that case, you can examine the authority's records in your country that is authorised to grant patents or trademarks.

Do I Need an Attorney?

Although not necessary you could seek legal guidance before choosing a trademark; this is especially useful if you discover a company with a name that sounds similar to the one you want to use. The attorney can advise you on whether or not you can proceed with using a specific name. They could also assist you in filing a request and other steps necessary to secure ownership of your business name or logo.

Step 2: Obtain Ownership of Your Brand name or Logo

Once you have chosen a brand name or logo that is unique and legally accessible to be trademarked you can then go ahead and file for it to be trademarked. If you live in the United States, you can fill out the application on the USPTO's website or print it out and mail it to the organisation.

The application form will request information such as the applicant's name, address, a sample of the business's product or service, and other documents.

You'll also have to pay a filing fee which will be dependent on how you choose to file. After you've completed these steps and submitted your application, the examiners at the office will review it. They may contact you from time to time to clarify some information regarding your application before granting you a trademark.

Step 3: Monitor your Trademarked Brand name or logo

It's important to remember that it's your responsibility to enforce your trademark, not the USPTO's. As a result, you should periodically check and confirm that no other company utilises your trademark once it has been issued. Suppose you discover another business utilising a confusingly similar trademark to yours. In that case, you have the legal right to sue that company if you choose to do so.

This is important because you risk losing your patent rights if too many people start using your trademarked name or logo. You should also renew your USPTO files , usually every 5 or 10 years.

THE WRAP UP

In conclusion, choosing the perfect business name and securing it with a trademark is a crucial step in establishing your brand. It’s not just about finding a name that resonates with your mission and audience, but also ensuring that it is unique, memorable, and legally available. The process may seem daunting, but with careful consideration and the right resources, you can find a name that perfectly encapsulates your brand's identity and propels it towards success. Remember, your business name is more than just a name; it's the cornerstone of your brand's identity, so choose wisely.

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We love being generous with our brand building and marketing knowledge so we created these helpful resources just for you!

We love being generous with our brand building and marketing knowledge so we created these helpful resources just for you!