Is the name of your brand available for use?
Let me tell you a story about what happened to a client who I had to redesign their branding 3 TIMES.
The client needed an identity brand package with a custom logo design included for their new venture. It was exciting to work on the project and to hand off the identity brand package to them. Excited to see the new identity be put to use and build out their website I get a call. The identity I just created and made perfect for them cannot be used! I was couldn’t understand at first why? I checked to make sure what I created was unique for their brand and nowhere else.
Then it was explained to me that their lawyer called after trying to trademark it and couldn’t. Why? The name in its industry category is too much like the one already there and cannot infringe on anyoneʼs mark already existing. So to avoid potential lawsuits they went with another name. This happened twice more and it was costly to the client.
The lesson in all of this? If you can afford it get a great IP attorney to consult with to help you with the research you need for your brand’s name and other important assets that would have a great impact on your business. Even if you cannot hire a lawyer for this invest some time in making sure the name you want to use for your brand is available rather you want to trademark it or not.
What Does A Name Have To Do With Branding?
Over time I have stopped being surprised that some do not conduct basic research on the name for their business. It’s hard enough to get the courage to get a business going but some think just pick a name and go from there. Then there are some who just don’t know how important the name of the brand is until they are trying to use it for multiple things. Especially when it comes to creating a Brand Identity. The name is going to printed on collateral or used in digital graphics. It helps introduce what brand to stand for and creates an impression.
When I start a conversation with a potential client to see if we're the right fit to work together a few basic questions have to be answered. Like what is the name of your business. Some responses I have received is "I want my name to be "this" but still haven't figured it out yet." Yup, I have received that response just like that or similar to it. Some say they do have a name but haven’t done anything yet with it. However, it’s important to consider the name of your brand because it will be used in the brand’s design and collateral created for it. Like the logo, website, social media graphics, business cards, and much more. That all cost money and you want to make sure the name you have can be used in anything your brand touches!
Shoot Taylor Swift just had to rebrand the folklore label on her cardigan because it infringed on a black-owned brand. So we all have to do our research if we want to use the name we chose for the brand to do business.
Here are 4 things to consider to check if the name you chose for your brand is available especially for creating a brand identity:
Is the name available
as a domain or something close to it?
as a social handle on multiple platforms?
to be licensed depending on the nature of the business and in your city, county, and state guidelines for business?
for a trademark if needed? (check here https://www.uspto.gov/trademark)
Let’s be real. At the beginning of the startup phase of your business, it can be a lot to deal with. I know for myself. However, it’s worth the investment to avoid the headaches that can cost you more down the road of your success! Take the time and money to make sure you’re business can run smoothly early on.
Hope this helps. Let me know if you have any questions I can help with.
— BT
“Make sure the name of your business is distinctive, brief, appropriate, easy to spell, easy to pronounce, likable, extendible, and protectable.”
Something else to keep in mind when choosing the name of the brand.
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