Avoiding An Unfortunate Name Game

This weekend, my husband handed me a cinnamon roll from a coffee shop I’d never heard of. One bite in, I realized it tasted exactly like the cinnamon rolls from the coffee shop across the street from our house.

When I pointed this out, he said, “That’s because it is. They had to change their name because of a trademark dispute.”

Ah. A communicator’s nightmare.

Rebranding is hard enough when it’s your choice. When a legal dispute forces your hand, you’re suddenly facing the unwanted time and expense of a new identity, not to mention the uphill climb of rebuilding brand awareness. I feel for that team. I know how much work goes into building a brand, and like many small businesses and nonprofits, they probably don’t have a massive legal or communications team at their disposal.

The good news? A little research before settling on a name can save you a lot of headaches down the road.

Whether you’re naming a new organization, product, or program, here are six places to start before you get too attached to a name that just won’t work.

1. Start with a good ol’ Google search.

Search your proposed name and every variation you can think of. Look for businesses, products, or organizations with similar names, especially those operating in a related industry. You’re looking for potential conflicts, not just exact matches.

2. Check the domain name.

Use a domain registrar like GoDaddy to see what’s available. If you have to perform digital gymnastics to find a URL that works, consider whether the name is worth the extra effort.

If your business is called Coffee Shop, for example, and the closest available domain is ILoveCoffeeShopNebraska.com, you may be making it harder for customers to find you. A complicated URL isn’t automatically a dealbreaker, but it’s worth considering before you commit.

By the way, if the name you're looking for has been purchased, but does not have an active webpage, there is an option to pay a broker to reach out to the owner and ask if it's for sale. So far the handful of times Clarity Channels has attempted this approach, it has not resulted in hearing back from the owner or acquiring that URL. But it is an option, depending on your budget and desire to own the URL.

3. Search social media.

Check all social media platforms to see whether the name and corresponding handles are available. Consistency across your website and social channels makes it easier for people to find and recognize you. If you have to use @CoffeeShop on one platform, @Coffee_shop on another, and @IlovecoffeeshopNE on a third, you’re making it harder for people to find you.

If the name is already associated with another business, that’s worth investigating, too.

4. Search Urban Dictionary.

I’m at the point in my life where I no longer know what the kids are saying. And honestly, some of their slang is baffling.

That’s where Urban Dictionary can come in handy. It describes itself as a “democratic dictionary” where anyone can submit a definition and everyone can vote, allowing the best definitions to rise to the top. In other words, you’ll find words and meanings that won’t show up in Merriam-Webster but may be circulating in everyday conversation.

If you’re considering a new name for your organization, product or program, a quick search can help you spot slang or unintended connotations you might not want associated with your brand.

Just take what you find with a grain of salt. Since anyone can submit a definition, not everything is accurate or widely used. But if you come across something questionable, it’s worth doing a little more digging before you commit to the name.

5. Search federal trademarks.

The U.S. Patent and Trademark Office’s trademark search tool is a good next stop. Look for existing trademarks that could conflict with your proposed name.

Finding a similar name doesn’t automatically mean you can’t use yours. Trademark conflicts depend on several factors, including the goods or services involved and the likelihood of confusion. If you find a potential conflict, don’t ignore it.

6. Check your state’s business records.

Your state’s Secretary of State office is often the place to search registered business names. This can help you identify businesses operating under similar names in your state. Just remember that registering a business name with the state is not the same as securing federal trademark rights.

If your name passes these initial checks, consider working with an attorney who specializes in trademarks before making a final decision. They can conduct a more thorough review and help you understand your options for protecting the name.

A name is the foundation of your brand awareness, reputation, and recognition. The sooner you identify a potential problem, the easier it is to choose another direction.