Navigating the Naming Landscape: Legal Considerations and Trademarking Your Brand Name
Your name might sound perfect.
But can you legally own it?
A name isn't just a creative asset — it's a business asset. And in today’s saturated markets, picking a name without checking its legal and trademark availability is like building a house on borrowed land.
A brand name that’s not legally clear isn’t an asset — it’s a risk.
At Brandable, we don’t offer legal advice — but we build names with trademarking in mind, and help founders avoid costly surprises later.
Here’s what every entrepreneur should know about the legal landscape of naming.
1. Trademark Conflict Isn’t Just a Big-Brand Problem
You don’t need to be Coca-Cola to get a cease and desist.
Small businesses, creators, and startups are all expected to do their due diligence. If your name is too close to an existing trademark in your industry — you could face takedowns, domain disputes, or forced rebrands.
Common mistake:
Picking a name just because the .com is available. Domains ≠ legal ownership.
2. Basic Checks Every Founder Can Do
While formal legal searches are best done by attorneys, there are basic steps every founder can take:
Search the USPTO (or your country’s trademark database)
Google the name in your category
Check domain and social handle overlaps
Look for similar-sounding names with the same customer base
If someone in your space already owns it — or something confusingly close — think twice.
3. The Brandable Pre-Screen Process
We do preliminary trademark screening before presenting names. That means:
Checking major global trademark databases
Evaluating similarity (not just spelling)
Considering category/industry overlap
Flagging legal risk levels in the name rationale
It’s not legal clearance — but it’s smart risk management.
4. What Makes a Name More Trademarkable?
In legal terms, the strongest names are fanciful or arbitrary — meaning they don’t literally describe what you do.
Strong:
Google (fanciful)
Apple (arbitrary for tech)
Weaker:
OnlineMarketingPro (descriptive)
The Yoga Subscription Box (generic)
At Brandable, we aim for names that balance creativity and clarity — names that feel brandable but are easier to protect.
5. How to Register Your Trademark (The Right Way)
Once you’ve selected your final name, here’s what comes next:
Hire a trademark attorney (not optional — do it right)
Conduct a full search across regions you’ll operate in
File with the USPTO or your country’s IP office
Monitor your name regularly for misuse
Think of it as protecting your most valuable marketing asset.
