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The Ultimate Guide on How to Name a Business: The Perspective From a Brand Designer and a Business Lawyer

Your business name is a huge part of how your brand is perceived – both by your dream client and by law. So, before you start going down a Google rabbit hole searching, “how to name a business,” see this guide with information from our creative director + our business & trademark lawyer, Lane Law, to be sure that your business name is creative, intentional, and protected.

Step-by-Step: How to Name a Business

Let’s cover everything we’ll go over in this blog post, with all the steps on how to name a business you’ll ever need:

Watch out for common naming mistakes
Check the legal requirements
Trademark your business name

What Naming Mistakes Do You See Creative Businesses Make Most Often? – Answers From a Trademark Lawyer

Before we really hop in, let’s go over what NOT to do when you’re naming your business. I see it all the time: business owners get a lot of ideas for naming a business and hop right into picking what they like without checking any of the legal, functional side of things.

Here are the mistakes we see most often:

Not performing a search prior to launching
Picking a name that is too descriptive or too generic
Picking a name that is not defensible in the long run

These are mistakes that will hurt your brand in the long run, on both the creative and the legal sides of things.

Are Descriptive Brand Names a Bad Idea?

Generally, yes.

I know descriptive brand names are great in theory, but they’re harder to register), harder to protect, and harder to enforce against copycats.

The sweet spot is picking something right in the middle of the line: you don’t have to go boring and super generic, but you definitely don’t want to be overly-descriptive either. Generic trademarks are terms that competitors use that is the common word or phrase that names a product or service, so it really does function as a trademark. Think: Tylenol is a brand name, but the genetic name for the active ingredient is acetaminophen. People typically identify the brand name or say, “I need a Tylenol,” as opposed to "I need acetaminophen.”

How to Name A Business in the US: The Legal Requirements

When you’re going through the steps of naming a business, you’ll need to check that you’re following each of these legal requirements:

Make sure that your business name is available
Pay any necessary costs

Where to Check if a Business Name is Available

USPTO
Domain Name
Social Media
Google

Cost of Registering a Business Name Legally

When you actually register your business name, your cost will vary depending on if you’re going a DIY route or working with an attorney.

For most brands doing DIY registration, you’re looking at around $350 for legal and registration fees. With an attorney, you’ll be looking at more around the $2,500 ballpark, because so much more work goes into legally protecting your name. And truly, every single penny is worth it.

Steps for Trademarking a New Company Name

Let’s talk trademarking, because, trust me, it’s always a good idea.

Here are the general steps you’ll follow for trademarking a business name, and we’ll go more in-depth about it afterwards.

Hire an attorney to perform a comprehensive trademark search and draft an opinion letter, analyzing the risk of moving forward with a specific trademark
File application
Monitor application while pending
Registration
Monitor and enforce your trademark

How to Verify if a Business Name is Trademarked in the US

Before you start, you’ll want to check the USPTO database to ensure that your business name isn’t already trademarked! Working with a trademark lawyer is key here, because non-legal folk can miss important things very easily.

When is the Right Time to Trademark My Business?

If you’re considering trademarking, the only correct answer is yesterday.

Seriously, though, it’s always a good idea to trademark before investing thousands of dollars into branding and marketing so that everything that becomes a part of your brand is protected under the law.

If I Trademark My Business Name, Does That Also Cover My Logo?

No, unless you choose to file as a composite mark, meaning your name and logo together. While you can choose to file as a composite mark, it’s recommended to file them separately!

What Makes the Strongest Mark for a Trademark?

The strongest mark you can choose for a trademark is one that’s defensible and distinct (think fanciful + arbitrary) in relation to your products or services.

Is Trademarking Only for Big Businesses?

Not at all, and that’s a misconception we see all the time. Small businesses register trademarks every day (as they absolutely should).

How Should Business Owners Prepare Before Speaking to a Trademark Lawyer?

You should always come in prepared with knowing what you want to trademark, but your trademark lawyer will come prepared with everything else. We’ll talk about costs, timelines, strategy, and answer any questions you may have!

Let’s Talk Branding: Is it Worth Rebranding if Your Name Isn’t Trademarkable?

If you’re past the point of wondering how to name your business and you’re in the rebrand phase, start here. If you're planning to grow and scale your brand, it’s still worth rebranding, even if your name isn’t trademarkable.

Another thing to note is that having a registered trademark is really attractive to investors. Otherwise, it’s like building a house on land you don’t own.

Can I Change my Business Name After Registering it? How?

You can always change your business name after registering it, but you’ll need to file a new trademark registration. A trademark registration only applies to the trademark that’s covered in the application!

How Can Branding and Trademark Strategy Work Together in Naming a Business?

Branding and trademark covers all the sides of your business. If you’re a more analytical person, the legal side of things might make more sense to you, and if you’re a more creative person, the looks-side of branding may be more your speed. But as a business owner, you need both.

That’s what we can do: we create a strategy for your brand that makes starting a business easy. We’ll help you identify a clear strategy to understand the trademark process and assess registrability, then you’ll have access to a branding and legal team for ongoing questions that owning a business brings.

What makes a Brand Name Both Memorable and Protectable?

The best business name is the one that meets in the sweet spot of being memorable and protectable. Creative and legally defensible.

It should be unique and distinct, not common, trendy, or too generic. And that’s something that applies to both sides of the coin. Sounds easy, right?

Where Can I Find Professional Services to Name my Startup? | Early Object + Lane Law

If you’ve been spiraling thinking about naming in the creative sense and the legal sense, Early Object + Lindsay Lane Law have partnered up to make it easier than ever. You can sign up to get more info on our naming strategy workshop here, so that you can sit back and relax to leave your brand name in the hands of professionals.