Protecting a name before you launch

Imagine a founder who spends months on a new product. They choose a name, buy the domain, register the company, order packaging and launch a website. A few weeks after launch, a letter arrives from another business that has been using a similar name for similar products for years, asking them to stop. The packaging, the website and the early reputation all have to be rebuilt under a new name.

Situations like this are surprisingly common, and they are usually avoidable. A little checking before launch costs far less than a rebrand after it.

What a trademark is

A trademark is a sign that identifies the source of goods or services: usually a name, a logo or a slogan, and sometimes a colour, shape or sound. Its job is to let customers tell one business from another. Trademark rights are about preventing confusion, not about owning a word outright.

A company name is not a trademark

Many founders assume that registering a company name, buying a domain or setting up social media accounts protects their brand. In many places, it does not. A company register usually only stops an identical company name being registered, and a domain registration simply gives you that address. Neither necessarily gives you the right to use the name as a brand, or to stop others using it.

Owning the domain is not the same as owning the brand. Check before you build on a name.

Search before you commit

Before you invest in a name, check whether someone else is already using it, or something close to it, for similar goods or services.

1. Search the official trademark databases for the places where you plan to trade.
2. Search online, on marketplaces and on social media for businesses using similar names.
3. Check company registers and domain availability.
4. Consider names that sound similar, are spelled differently or mean the same thing in another language.

Searches are a useful first filter, but they do not give a definite answer. Whether two names are likely to be confused depends on how similar they are, how close the goods or services are and how the rules are applied in each place. A professional search and opinion can give a clearer view for a name you plan to build a business on.

Choose a name that can be protected

Names sit on a spectrum. At one end are invented or unusual words that have no connection with the product. These are generally the easiest to protect. At the other end are purely descriptive names that simply say what the product is or does. These are often hard or impossible to register, because other businesses need to be free to describe their own products in the same words.

Marketing teams often prefer descriptive names because customers understand them instantly. Lawyers often prefer distinctive names because they can be protected. A name that hints at the product without describing it can be a good middle ground.

Registration and use

In some places, rights in a trademark can arise simply from using it in business. In others, registration is the main or only way to get strong rights. Registration generally makes it easier to prove ownership and to act against people who copy your brand. The process, the costs and how long it takes all differ between places.

Registrations usually cover particular categories of goods or services, so think about what you sell now and what you might sell soon.

Think about every market

Trademark rights are territorial: they generally apply only in the countries or regions where you have them. If you plan to sell abroad, or online to customers in other countries, check the name in those places too. Some regional and international systems allow one application to cover several countries, but each has its own rules.

Do not forget the logo

If a freelancer or agency designed your logo, make sure the rights have been transferred to your business in writing. It is difficult to protect a logo as a trademark if you do not own the design itself.

Before you launch

If you have a name in mind and want to know whether it is free to use and worth protecting, ArieFirm's trademark review looks at the name against existing marks before you invest in it. If you then decide to register the name, ArieFirm also offers trademark registration support.