How to Name Your Business
How do you start a business? First, you need a name. But how do you choose a name, and how do you know if you’re allowed to use it? Read on, grasshopper.
Step 1: PICK A NAME and CLAIM IT
There's a whole science that goes into how to choose a name for your business. You want your name to be a reflection of your vision and service, but it also needs to be timeless and memorable.
It also has to be available.
If the name you want is already registered in your state, you can't use it - especially if it’s in the same industry. If the name is used in a different state, you might be able to (as long as it's not trademarked) but it's poor taste if it's the same industry. However, if the name is taken but the business operates in a completely different field, you might still have options. For example, “Willow & Co. Photography” and “Willow & Co. Bakery” could probably both exist.
How to check name availability
Before you fall head-over-heals in love with a name, check to make sure it's available:
Search Your State’s Business Registry. Every state has an online database where you can check if a name is already registered.
Look at the USPTO Trademark Database. Visit the U.S. Patent and Trademark Office (USPTO) database to see if the name is federally trademarked.
Check Domain Availability. Even if a name is available for legal use, the domain might not be. Use a site like GoDaddy to see if the website name is open for purchase. Hint: you can buy domains whenever you want, you don't need a business. If you have a cool idea for a name that you think you'll use in the future, snag it now!
Social Media Handles. Search social media channels to see if your name is available, and to make sure there aren't any major brands already using that handle.
What if the perfect name is already taken?
You get creative! Use tools to help you brainstorm: a thesaurus, business directory from another state... you can also use AI! Try writing a paragraph about what your business is, who you're targeting, and ask AI to give you 20 potential names and use that as your launchpad.
Create your entity
Once you’ve chosen a name, you’ll need to officially form the entity. I'll go over those options in another post. But if you just want to get started right now, then your easiest option is to register a DBA. Most businesses start out this way. In Maine, you can register through your town office. If your town office doesn't do that (mine doesn't, too small) then the State of Maine has some light reading here with steps to take on what form you need to fill out and mail in. You can always move to an LLC or S-CORP later on.
Do you need to trademark your name?
Maybe.
An official trademark will protect your brand name, your logo, and any associated taglines. At the time I’m writing this, you can expect to pay anywhere from $2,000-$5,000 to trademark your business name, including legal fees and filing costs. You can try and do it yourself, but you only get one shot at the application... so for all the money invested, you're better off hiring a trademark attorney.
A trademark grants you exclusive rights to your business name nationwide in your industry. That means if someone else tries to use your name (or a very similar one) in a way that could confuse customers, you have the legal backing to stop them.
When should you trademark your name?
Trademarking isn’t necessary for every business, but here are some cases where it’s a smart move:
You plan to build a recognizable brand. If your name is a big part of your marketing, you don’t want to risk losing it.
You will sell products online or nationwide. If your business isn’t just local, you need legal protection across state lines.
You have a unique name. The more distinctive your name, the more valuable it is to trademark.
You want to prevent competitors from using it. If you think your name has the potential to attract copycats, trademarking it gives you leverage.
What happens if you don't trademark your name?
It's possible that nothing will happen. It depends on how cool your name is, and how popular your industry is. If you choose a name for your business, and someone else decides to trademark it after you, they will have the legal rights to the name, and you will be forced to rebrand.
Yes, even if you’ve been using the name first. Trademarks don’t work on a "first come, first serve" basis unless you’ve established what's known as a common law trademark.
If you have a catchy name and an amazing product or service, you will attract copycats - and if they beat you to the punch by trademarking the name, you’ll need to start over. That means:
Changing your website and social media accounts
Getting a new email address
Updating all your branding
Losing name recognition you worked hard to build
Lame.
How to Trademark Your Name
If you decide to go for it, here’s how:
Search the USPTO Database – Make sure no one else already owns the trademark (USPTO Trademark Search).
Hire a Trademark Attorney – While you technically can DIY the process, people do this as their full-time professions for a reason. Hire a pro.
File with the USPTO – You’ll need to submit an application with details on how your name is used in business.
Wait for Approval – The process can take 6-12 months, and there’s a public review period where others can contest it.
Is it worth it? If you’re just starting out and unsure if you’ll stick with your business long-term, you might wait and see before investing in a trademark.
For what it's worth, I considered trademarking one of my business names, but I'm glad I didn't... because I closed that one. This is ADHD at its finest, folks. But if you’re serious about building a recognizable brand and you're going to be investing a lot of money into your startup, it’s a layer of protection that can save you headaches down the road.
At the very least, secure your domain name and social media handles ASAP so no one else can grab them. You can buy a domain name whenever you want... you don't need a business. Just a credit card. I actually bought the domain for Back 40 Homestead name back in 2012! But then I let it expire in 2023 :( and I'm kicking myself at the moment because someone else claimed it. Alas. Here we are.
Enough reading. Go pour yourself some creative juice, sit down, and start writing out name ideas!
