You should give careful consideration to the choice of your brand name. It will become a valuable asset, but if you choose a name that is too similar to someone else’s you may be forced to rebrand or, in the worst case scenario, face legal action and a damages claim against you.
To help you choose a business identity that is right for you, we have outlined below the general considerations that should be taken into account.
You should give careful consideration to the choice of your brand name. It will become a valuable asset, but if you choose a name that is too similar to someone else’s you may be forced to rebrand or, in the worst case scenario, face legal action and a damages claim against you!
Choosing a name
- Avoid using an existing name, or anything too similar
- Don’t choose a descriptive name: Be distinctive and unique
Although descriptive names carry a number of benefits from a marketing perspective, in terms of identifying your product/service, they are extremely difficult to protect and enforce. An example of a descriptive name is “Wash” for Soap.
Instead we would recommend opting for an original/unique name that does not directly describe your product or service. Examples of distinctive names include Persil®, Kodak® and Pepsi®.
Searching, Clearance and Due Diligence
- Search the relevant registers: Trade marks, Company and domain names
- Marketplace checks: Google®, Social Streams and Trade Directories
Registration
Once you have selected the brand name and business identity that is right for you, you should consider protecting yourself on the following registers:
- Domain Registration
- Company Name Registration
- Trademark Registration
To secure exclusive rights in relation to your brand name, you should consider obtaining Trademark protection. This will give you the enforceable rights in relation to the Trade mark, and will allow you to ring-fence your brand and deter any potential counterfeiters/infringers. Company Names and Domain Names are protected on different registers and are not the same as Trademark Registration.
For more information on branding and trademarks, feel free to contact the team at Albright IP and we will be happy to help.
The trade mark attorneys at Albright IP can advise you on all aspects of brand development and protection. If you would like to discuss this further, please get in touch.