Starting a business is exciting – and one of the first big steps is choosing the perfect name. Your business name will appear on your website, social media, invoices, and even the sign above your door. It’s not just a label; it’s the foundation of your brand identity. But here’s the catch: the name you love also needs to be legally available. That’s where trademark law comes into play.
Choosing a business name without thinking about trademarks can set you up for costly disputes, forced rebranding, or even lawsuits down the road. Below, we’ll walk you through how to pick a business name that works both creatively and legally.
1. Think Beyond “What Sounds Good”
It’s easy to fall in love with a catchy or clever name. But trademark law protects names that are unique enough to identify one company’s goods or services from another’s. If your name is too generic (like “Best Cleaning Service”) or merely descriptive (“St. Louis Tax Prep”), it won’t be strong as a trademark.
Pro Tip: The strongest names are often suggestive, arbitrary, or even made-up words. For example, “Netflix” suggests streaming entertainment without describing it directly, while “Apple” (for computers) is an arbitrary choice that stands out.
2. Do a Trademark Search – Not Just a Google Search
Before you order business cards or set up your website, make sure no one else already owns the rights to the name.
- Google & Social Media Check: Start by typing your idea into Google, Facebook, Instagram, and LinkedIn to see who else is using it.
- USPTO Search: The U.S. Patent and Trademark Office (USPTO) has a free search tool (TESS) where you can look up registered and pending trademarks.
- Professional Search: The truth is, trademark searching can be tricky. Two names don’t have to be identical to cause legal problems—they just need to be confusingly similar. An attorney can help you catch conflicts you might miss on your own.
3. Consider Your Industry and Geography
Trademark rights are tied to the goods or services you offer. For example, two businesses can both use the name “Delta” because one is an airline and the other sells faucets. But if your business operates in the same space as someone else with a similar name, that’s where problems arise.
Also, keep in mind that common law trademark rights can exist even if someone hasn’t registered their name. A local competitor might have priority if they’ve been using the name in your area before you.
4. Plan for Growth
Even if your business starts local, think ahead. Do you plan to sell online? Expand to other states? Offer new products in the future? A name that works regionally might not work nationwide.
Registering a federal trademark gives you broader protection, making it easier to expand without worrying about someone else blocking your path.
5. Test the Name With Your Audience
While legal clearance is critical, don’t forget the human side. Your name should be easy to spell, pronounce, and remember. If customers can’t type it into Google, they may never find you. A quick survey of friends, family, or potential customers can save you headaches later.
6. Register Early
Once you’ve chosen a name and confirmed its availability, take the next step: apply for trademark registration. This locks in your rights, deters competitors, and acts like an insurance policy for your brand. Waiting too long leaves your name vulnerable.
Final Thoughts
Choosing a business name is both an art and a science. Creativity makes it memorable, but legal clearance makes it safe. By keeping trademarks in mind from day one, you’ll avoid costly rebranding battles and build a brand that’s truly yours.
If you’re ready to pick a name (or want to make sure the one you love is safe to use), our law firm can help guide you through trademark searches and registration. Protecting your business identity today can save you thousands tomorrow.
This post is for informational purposes only and does not provide legal advice. You should contact an attorney for advice concerning any particular issue or problem. Nothing herein creates an attorney-client relationship between TM Law & Associates and the reader.
