What’s Love Got to Do With it?
Don’t fall in love with a name before sending it through legal.
Valentine’s Day — a day reserved for feeling all the feels. Enter heightened romance and that feeling of effervescent butterflies welling up in the pit of your stomach. Oh, love, how we love you so. So much, in fact, that we’ve claimed a day of the year dedicated to you. How sweet and how simple such a four letter word appears to be, especially on the loveliest of days. Thank you St. Valentine for your heroic acts (whatever they actually were). But I digress from the nature of this article.
Despite its simplistic letter form and sweeping grand gestures, love is actually quite complicated. And you can really make a mess of things if you base important decisions purely on emotion (think: going all-in when you’re on a winning streak at a roulette table). Naming a company is one such important decision and the potential mess comes in the form of legal woes from choosing a name that is already taken or doesn’t appear to be taken but still presents a large legal risk. For the sake of saving you heartache down the road, we at A Hundred Monkeys implore you on this day of love to not fall in love with a name before you know you can have it.
Falling in love with a potential name for your business is a bad idea. If you haven’t sent it through the rings of fire (or, legal clearance), you’ll be making a big mistake getting attached too soon. Registering your name through the United States Patent and Trademark Office (USPTO) in the U.S. gives you certain rights and protects you from trademark infringements and violations. The name you love has a fair chance of getting knocked out — meaning there might be a similar company name in the same space as yours and you won’t be able to register the name through the powers that be.
Goodbye name. Hello “nothing will ever be the same again.” The disappointment of not getting the name you were so set on may weigh heavily. So much so that everything second to the name you can no longer have will fail to compare. This mentality could jeopardize your company’s future because you could end up with a very stale name or suffer the throes and peril of indecision to the point where you can’t decide on a name…ever :o.
Momma used to say don’t put all your eggs in one basket — and the same applies here. Don’t put all your hopes and dreams into one name. There’s a better way. Gather a short list of names, about three to five, that you believe are strong contenders to name your business. To get it down to this smaller group, weigh the pros and cons of each name carefully. Like children, don’t play favorites. See the names as potential equals with both benefits and drawbacks.
Now that you’ve got your list, run a quick Google search with each name along with your industry or search terms that you think people might use to find you. See if there are any major conflicts or big companies with the same name. Next, ship the remaining names off to a trademark lawyer for a preliminary trademark screening. They’ll check for conflicts in the USPTO database and let you know the likelihood of being able to register the names (note: this is only for the U.S. and if you’re planning on operating outside of the U.S. every country has their own database). Carefully consider the surviving names and select just a few for a deeper legal screening. This deliberate process of elimination ensures you aren’t settling on a name that is already legally taken.
Remember, there is no perfect name. There are, however, great names backed by careful thought and legal checks. Keep those pesky emotions in check and stay cool, calm, and collected. Naming a company or product should be rational, not a heat-of-the-moment decision you’ll regret later on. It’s better to get the name right the first time than to have to change it later on. Cheers to money saved and time well spent.
Happy Valentine’s Day!
