Naming your business or a new offer can be one of the most exciting—and challenging—steps in your entrepreneurial journey.
The right name can capture your brand’s essence, attract your ideal clients, and set the tone for your entire business. But finding a name that is both perfect and legally available? That can feel like searching for a needle in a haystack.
I get it. After months of trying to come up with a new name for my own law firm, I ended up using my real name—Jaime Bell Law.
If you're in the process of naming your business or a new offer, here is how you can ensure you decide on a unique name for your business, the doesn't infringe on anyone else's!
While I refer to "business name" throughout this post, this process really applies to anything you are naming in your business - whether it's a digital product, course, podcast or other offer.
Do your research! - Trademark Searches and more
When inspiration strikes and you think you *think* you've found the perfect name - not so fast. You can already picture it on your website, see it in your email signature, and imagine introducing yourself with it.
But here's the hard truth: falling in love with a name too early can lead to heartbreak. I've seen it so many times with my clients.
Do NOT invest in anything related to your name until you are 100% sure you can use it. This means before you hire a designer, create a logo, or start building a website, make sure your name is truly available.
This step is crucial because nothing stings more than realizing you’ve invested time and money into a name that isn’t legally yours to use. As a lawyer, I've had to break the news to them that the thousands of dollars they invested in their branding can't be used - since someone else already has secured the trademark (or been otherwise using that name before them).
How to research your business name
-
Trademark Search: Check both US and Canadian trademark databases—or any other country where you plan to market your business. This will help you avoid names that are already registered as trademarks.
- Canada: Use the Canadian Trademarks Database
- USA: Use the United States Patent and Trademark Office
-
Social Media Sleuthing: Go beyond Google. Check all major social media platforms to ensure no one else is using your potential name in your industry. Check hashtags and account names. Finally, a productive way to put all that investigative talent to good use!
-
Domain Availability: Do a domain search to see if your ideal domain is available. It’s also worth checking similar domains to avoid competitors or scams setting up shop under a name close to yours. Remember, just because a domain is available does not mean you can use the name! You still need to do your searches. Also getting a .ca versus a .com is NOT enough to warrant using a similar name in a similar industry.
Be Cautious with AI-Generated Names
AI tools like ChatGPT are great for brainstorming and getting the creative juices flowing. However, remember that these tools do not check trademarks or verify whether a name is legally available. AI can generate catchy and clever names, but it’s up to you to do the legwork and research each name thoroughly before moving forward.
Use AI as a starting point, not the final decision-maker. Once you have a list of potential names, follow the research steps above to ensure your name is legally safe to use.
Check Your State or Provincial Business Registration Database
In addition to trademark and social media checks, it's essential to verify that your business name hasn’t already been registered in your province, state, or country. Many jurisdictions have an online search tool where you can check registered business names, often through the same portal used for business incorporation.
How Similar Is Too Similar for a business name?
Determining whether a name is "too similar" involves evaluating the likelihood of confusion among consumers. Generally, names that look or sound alike, or convey a similar commercial impression, can be considered too similar.
For example, if you run an online coaching business called "Nomad Coaching" a name like "Nomad Coaching Collective" might be too close for comfort, especially if both businesses target similar audiences.
To avoid issues:
- Avoid Minor Variations: Adding "The" or changing a single letter is unlikely to provide enough differentiation.
- Watch for Similar Brand Imagery: Even if the names differ, using similar colors, logos, or branding elements can contribute to brand confusion.
When in doubt, aim for a name that stands out both visually and phonetically from others in your industry.
Beware of Unregistered Trademarks (Common Law Rights)
Even if a name isn’t officially registered as a trademark, you could still run into trouble if someone else is using it in a similar business. This is known as “common law” trademark rights. Essentially, a business that uses a name in commerce—without formally registering it—may still have legal rights to it.
If you find another business using your potential name, particularly in your industry, treat it as a red flag. Not only could this lead to expensive legal issues, but it could also cause brand confusion, which can harm your business's growth and reputation.
Register Your Business Name and Trademark
Once you've found a legally clear name, take the step to register it. You may need to:
- Register your business name with your province, state, or country.
- Secure your trademark if your business name is also your brand name. This is especially important for online businesses that operate in multiple jurisdictions.
Final Thoughts
Naming your business is an exciting step in your entrepreneurial journey. By following these legal tips, you can confidently build your brand on a solid foundation. If you need more support, check out our contract templates and legal resources to keep your business protected every step of the way.
Naming your business or offer is only one part of legally protecting your business. Great contracts are essential - check out all my lawyer drafted legal agreements here.
Leave a comment