What's in a Name?
Choosing the right name for your business, or for your
range of products, is often key to commercial success.
If you thought that choosing a good name for your
baby was difficult, you should try naming a business.
There are many pitfalls on the way, and getting it
wrong can prove costly and can undermine what could
have been one of your key business assets.
Brand Name Checklist
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Not merely descriptive
Not just "laudatory"
Not already registered
Not too similar to other marks
Works as a "Badge of Origin"
Domain names available
Memorable
Gives the right brand image
Works in other languages
Available for use overseas
There are so many things to consider: Does it give the
right impression for the business image you're trying to
create, and the customer base you're trying to attract? Can you register it as a Trade Mark? That's
pretty essential, especially if you're considering franchising your business to others. Are the
equivalent domain names available? And will it work overseas, if your longer term aspirations
include trading in other countries?
To register a Trade Mark, your brand name needs to be able to function as a "Badge of Origin" for
the goods and services that you offer. In other words, it must be able to distinguish the goods and
services of your business from those offered by other businesses. Trade Mark law sets the standards
that have to be met. The mark can't be merely descriptive, such as "Gutter Cleaning Solutions", if
what you’re offering is solutions for cleaning gutters.
And it can't be what Trade Mark law calls "laudatory", i.e. merely referring to the quality of the
goods. "Farm Fresh Food" couldn't easily be registered for foodstuffs. Sometimes, marks such as
these can be registered, but only if they are combined with other distinctive elements, such as a logo
or perhaps written in a particularly distinctive way. Also, if you have been trading for some years
using a descriptive mark, it's possible that your brand can become distinctive in the eyes of Trade
Mark law, but you will have to supply evidence to prove that it is seen as a Badge of Origin in the
eyes of your potential customers: "Exceedingly Good Cakes"® is pretty much descriptive, but you
know who makes them, don’t you. And it’s a Registered Trade Mark of Premier Foods.
But if you can succeed in getting a mark registered that tells your customer base what you do, then
that can have benefits as well. You'll need to balance the increased costs of marketing to get
customers to recognise a highly distinctive brand with increased costs for obtaining protection for a
more descriptive brand. You could always opt for a completely made-up word, like the owners of
Kodak® did, or the fanciful use of an existing word for your goods, such as Apple® for computers.
Not a good choice if you’re selling fruit, though. A discussion with a Trade Mark Attorney at an early
stage really is a good investment.
Once you've come up with a shortlist of names, you also need to make sure that it's not too close to
other companies' brand names. Not only would this stop you getting a Registration, but you could
find yourself on the wrong end of legal action, being forced to rebrand your company, and perhaps
pay damages and hefty legal costs. Not a good start for any business. A Trade Mark Attorney can
carry out the necessary clearance searches for you.
Call our Trade Mark team today for this crucial advice. We can't help choose baby names, but we
really can add value to your business with sound advice on your brands.