Choosing A Name

Are you choosing a new name?

Choosing a name can make or break a business, potentially before it has even commenced trading. A name is the first thing people use to identify you, particularly when advising their friends and colleagues about your business.

Marketing once favoured the use of descriptive names when descriptive domain names were highly sought after. Businesses quickly realised that descriptive names were not helping them to stand out from their competitors. This is why distinctive names which can stand the test of time are now sought after.

Our ebook provides more information about choosing a name and can be downloaded here.

What makes a name legally effective?

A legally effective name is distinctive. A distinctive name can arise in a number of different ways, including:

• A person’s own name (e.g. LOUIS VUITTON)
• An invented word (e.g. KODAK)
• An invented word combined with a descriptive word (e.g. PEPSI COLA)
• Combined words where the end result is distinctive (e.g. STARBUCKS)
• A word that does not describe the company’s goods/services (e.g. APPLE)

In each example above the named companies do not have competitors with similar names and are able to quickly prevent competitors using similar names. Businesses choosing a new name should aspire to be distinctive in the same way.

How can you help me choose a new name?

Prudent businesses seeking to protect their rights to their name will have registered their names as trade marks, whether in the UK, EU or further afield. A trade mark search can reveal the existence of a trade mark using an identical or similar name. Unfortunately, the methodology for searching for a trade mark is not the same as searching the internet and many IP lawyers will use specialist databases which are not otherwise easily accessible.

Our trade mark experts are able to provide a comprehensive service tailored to meet your needs at a proportionate cost. We are able to assess the risks associated with adopting a particular name and to explain the issues in easy to understand terms. We also take the time to assess your particular needs and concerns before advising you on a particular course of action.