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Most people choose a name for how it sounds. Is it easy to say, does it fit the product, will customers remember it? Those are fair questions. The one that tends to come last is whether the name can be registered as a trademark, and by then there is often a domain, a logo and a box of printed labels to throw away.
A trademark office looks at two things. Is the name capable of telling your goods apart from everyone else's? And does it get in the way of a mark somebody else already owns? You can answer both reasonably well before you commit. This is the order we would work in.
Start with a name that can tell you apart
Names fall roughly into four groups, and registration gets harder as you move down the list.
- Invented names, such as Kodak or Spotify, were made up to be brands. They mean nothing else, so nothing stands in their way.
- Arbitrary names are real words used where they have no connection to the product. Apple for computers is the classic case.
- Suggestive names hint at a quality without stating it. The customer has to make a small mental step.
- Descriptive names say what the product is or what it does. "Fast Delivery" for a courier is the kind of name that struggles.
Offices apply their own tests, and a descriptive name can sometimes be registered once it has become well known. But starting with a descriptive name means hoping for that. Starting with a distinctive one means you do not need it. The glossary explains the terms, and why offices refuse shows how this plays out in practice.
Stay away from the name of the thing itself
A generic word is simply what the product is called. Nobody can own "coffee" as a trademark for coffee, because every other seller needs the word. A useful test: if you took your company out of the sentence, would the name still just be what customers call the product? If yes, keep looking.
Search before you fall in love
Choosing first and checking later is the usual order, and it is the expensive one. Search first, while you still have several names to choose from.
An exact-name search is only the start. If your name is NOVARA, the names that can cause trouble include NOVERRA, NOVARRA and anything that sounds the same when spoken. Marks can clash because they look alike, sound alike or mean the same thing, so a good search covers all three. Typing the name into Google does not do this.
Then look at what the other marks are used for. Two businesses can sometimes share a name if their goods are far apart, and they can clash with different names if their goods are close. Both questions matter: how similar are the names, and how related are the goods or services? Our trademark search covers both.
Know which classes you will need
Trademarks are registered for goods and services, sorted into 45 classes. Classes 1 to 34 are goods and 35 to 45 are services. An online clothing brand needs the class for clothing, and may also need the one for retail services. Choose with your plans for the next few years in mind, not only what you sell today. If you are unsure, the class finder suggests classes from a plain description of your business.
Check the countries that matter
A registration works where it was filed. A name that is free at home can be taken in the United States, the EU or the United Kingdom. If you plan to sell abroad, search the markets you will actually sell in. See Countries and why a trademark is territorial.
Look beyond the registers
The registers do not show everything. Before you commit, also check:
- the domain name, and whether the name is already busy on search engines
- social media handles and marketplaces, to see who already uses it
- what the name means in the languages of your target markets, including slang
A business using a similar name does not automatically stop you from registering, because rights differ from country to country. It is a reason to look closer.
A search is not a guarantee
An empty search result does not mean the name is free. A similar mark may still be a problem, and the office examines the application independently. A search lowers the risk. It cannot remove it.
A practical order of work
- Write a shortlist of five to twenty names.
- Drop the generic, the very descriptive and the hard-to-spell ones.
- Search the registers, search engines, domains and social media for the rest.
- For the names that survive, compare the goods and services of anything similar you find.
- Repeat for the countries that matter.
- Have a specialist run a proper search on your top one or two.
- Choose, then file.
Our name check puts the main points into eight questions you can answer in a couple of minutes.
Frequently asked questions
How do I know whether a name can be registered?
You cannot tell from an exact-match search. Look at how distinctive the name is, whether similar marks exist for related goods, which classes you need and the rules of the country where you will file.
Can I register a descriptive name?
It depends on the country and the circumstances. Descriptive names are harder to protect and may need evidence that the public already links the name to you. A more distinctive name avoids the problem.
Does owning the domain name give me the trademark?
No. A domain and a trademark are separate things. Owning one does not give you the other.
Should I search before I buy the domain and design the logo?
Yes. The earlier you search, the cheaper it is to change.
Does a search guarantee that my application will be accepted?
No. It reduces the risk of a conflict. The office still examines the application and applies its own standards.
Before you build the brand
If you already have a name in mind, the next step is to request a search. If you are still choosing, the name check is a good place to begin. When you are ready to file, see trademark registration and the prices, where our fee and the official fee are shown separately.
This article is general information and is not legal advice. Rules differ between countries and change over time; check the official source for your case.