Few moments in business are as exciting as preparing to launch a new brand or product.
For founders, entrepreneurs, and startup teams, a launch is often the culmination of months—or even years—of work. It’s the result of ideas, experimentation, collaboration, and a belief that you’ve created something valuable.
Then comes one of the most important decisions you’ll make:
What are you going to call it
Most teams approach naming as a creative exercise. They gather in a room, fill a whiteboard with ideas, brainstorm possibilities, and debate their favorites.
That’s a great start.
But choosing a name is much more than a creative decision.
A strong name should work from several perspectives. It should be memorable and distinctive. It should fit your brand and leave room for future growth. It should be practical to pronounce and spell. And before you invest heavily in the name, you should determine whether you can actually use and protect it.
A name may become part of your company’s identity for decades.
It’s worth doing the homework before you fall in love with it.
#1 Start with a story
The best brand names often have a story behind them. That story might come from the problem you’re solving, the customer you’re serving, the experience you’re creating, or the idea you want your brand to represent.
When you think of gravity, you might think of an apple falling from a tree. The apple also has powerful cultural associations, including the biblical story of the tree of knowledge. When Apple chose its name, the fruit carried associations with knowledge, discovery, and curiosity—ideas that fit naturally with a company built around technology and innovation.
When you think of the future of your brand or product, think about what narrative you are going to build around it.
Then, ask yourself:
- What problem are we solving?
- Who is our ideal customer?
- What emotions should the brand evoke?
#2 A brand name should be suggestive not descriptive
A suggestive brand name may better qualify for trademark protection.
But what is a suggestive brand name?
A brand name may be suggestive or descriptive.
A descriptive name directly states what a business does, who its customers are, or a characteristic of its products or services. Consumers do not need to interpret the name because its meaning is immediately apparent.
Examples might include:
- Quick Tax Preparation for tax services
- Creamy Chocolate for chocolate products
- Seattle Plumbing Company for a plumbing business in Seattle
- Children’s Learning Center for an educational facility
The central problem with a descriptive name is that it often consists of ordinary dictionary words that competitors may legitimately need to describe their own businesses.
In effect, trademark authorities may take the following position:
“This name simply states what the business does, who it serves, or the quality of the service. We cannot give one company a monopoly over these dictionary words because competitors need to use them to describe their own businesses.”
Can a Descriptive Name Ever Be Protected?
A descriptive name may become protectable if it develops acquired distinctiveness, also called secondary meaning. This happens when consumers begin to associate the descriptive name with one particular business rather than with the product or service generally.
A company may demonstrate acquired distinctiveness through evidence such as:
- Long and continuous use of the name
- Extensive advertising and promotion
- Strong sales figures
- Media recognition
- Consumer surveys
- Evidence that customers recognize the name as identifying a single source
However, establishing secondary meaning can require considerable time, money, and evidence. A new business generally cannot assume that a descriptive name will receive strong trademark protection immediately.
What Is a Suggestive Trademark?
A suggestive trademark hints at the nature, purpose, or benefit of a product or service without directly describing it.
Consumers must use some degree of imagination, thought, or perception to understand what the business offers. The name creates an association, but it does not provide an immediate and literal description.
Examples might include:
- Greyhound for transportation services, suggesting speed
- Coppertone for tanning products, suggesting bronze-colored skin
- Netflix for an entertainment service, suggesting films delivered through the internet
- Jaguar for automobiles, suggesting speed, power, and elegance
A suggestive name occupies a valuable middle ground. It can communicate something meaningful about the business while remaining distinctive enough to function as a trademark.
Unlike a descriptive term, a suggestive mark is generally considered inherently distinctive. This means it may qualify for trademark protection without first proving that consumers have developed a secondary association with the name.
The Imagination Test
One way to distinguish descriptive and suggestive names is to apply the imagination test.
Ask the following question:
Does the customer immediately know what the business sells, or must the customer make a mental connection?
If the name immediately identifies the product, service, audience, or quality, it is probably descriptive.
If the customer must pause, interpret the name, or make an imaginative connection, it is more likely to be suggestive.
#3 Think about future growth
In 2005, SM Entertainment introduced Super Junior, a group whose members were teenagers and young adults at the time. More than 20 years later, some of the members are in their 40s—and they’re still Super Junior. New Kids on the Block presents a similar example of a name that can outlive the circumstances that inspired it.
Many business and brand names make perfect sense today but become limiting tomorrow.
Consider “Seattle Plumbing Company.”
What happens if the company expands throughout the Pacific Northwest?
What if it begins offering electrical, HVAC, or remodeling services?
A highly descriptive name can lock a business into a narrow identity.
When choosing a name, consider whether it will still work if the company:
- Expands into new geographic markets
- Adds products or services
- Serves a different customer segment
- Enters a new industry
- Expands internationally
A name should describe the business only if you’re comfortable with that description continuing to define the business.
#4 Check available domain names and social media handles
Ideally, you want a domain that’s close to your brand name and something that is simple, memorable, and easy to spell and pronounce.
Choose .com whenever possible but industry specific domains may help. Country specific domains may work unless you plan to go international.
Whenever practical, try to secure consistent handles across major platforms, including:
- TikTok
- X
- YouTube
- Threads
#5 Secure a trademark
Before investing further in logo and website design, conduct a trademark search and determine whether you can obtain trademark protection for your name.
If you have plans to market internationally, check for unintended meanings or negative associations in other geographic areas and cultures.
Also check for potential trademark conflict with popular local brands in other geographic areas.
Smart business owners know that some of their most valuable assets are intangible. As your trademark and brand protection attorney, our job is to work with you to ensure that all of your intellectual property is protected – from the moment it is created or in an instance where someone uses it without your permission. Learn about our approach to Intellectual Property.
