Naming Your Business: How to Choose a Name That Sticks — And Actually Gets Trademarked

Naming a new business is exciting… and one of the most challenging parts of launching. Your name becomes the face of your brand — the first thing customers remember, search for, and trust. Get it right, and it can become a powerful asset. Get it wrong, and you risk customer confusion, rebranding headaches, or even a rejected trademark application.

Here are my top tips for choosing a business name that resonates with your audience and sets you up for the strongest possible success during the trademarking process:

1. Aim for a Fanciful (Made-Up) Name

These are invented words that have no meaning outside of your brand. They’re the strongest type of trademark because they’re inherently distinctive and easiest to protect.

Examples: Google, Kodak, Hulu, Exxon, or Verizon.

2. Choose an Arbitrary Name

Take a real word and use it in a completely unrelated context. These also receive very strong trademark protection.

Examples: Apple (for computers), Amazon (for online retail), or Shell (for gasoline).

3. Consider a Suggestive Name

These hint at the quality, character, or benefit of your goods or services without directly describing them. They strike a nice balance between memorability and legal strength (though they’re slightly less robust than fanciful or arbitrary marks).

Examples: Netflix, Jaguar (cars), Burger King, or Coppertone (sunscreen).

Important note: Avoid purely descriptive names (e.g., “Fast Delivery Service” or “Orlando Law Group”) or generic terms. These are much harder — and sometimes impossible — to trademark without years of use and significant expense to prove “secondary meaning.”

4. Take Time to Brainstorm Thoughtfully

Don’t settle for the first name that pops into your head. Ask yourself:

  • What is the core of my business?

  • Who is my target audience?

  • What feeling or benefit do I want people to associate with my brand?

Spend real time exploring options. Write down dozens of ideas, say them out loud, test them with potential customers, and check how they look in a logo or domain name. A great name should be easy to spell, pronounce, and remember.

Pro Tip: Once you’ve narrowed it down to a few favorites, pause. Sleep on it. Run the names by trusted advisors. The name you ultimately choose will live with your business for years — rushing this step is one of the most common (and costly) mistakes I see.

Bonus advice from the trenches: Even the strongest name on paper can run into issues if someone else is already using something similar. That’s why a comprehensive trademark search (and clearance opinion from an experienced attorney) is essential before you invest in logos, websites, or marketing.

At Michelle Goff Law Group, we proudly serve clients estate planning clients throughout the entire state of California and Colorado, and entreprenuers needing trademark protection NATIONALL —virtually! No matter where you are, there’s no need to drive to an office. We meet you where you’re comfortable, by phone or Zoom. Contact us today at 719-424-3321 or click here to schedule your consultation.

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