Brand Company Name

The first thing a customer will notice about your business is its name. Creating the right first impression is essential, but not as easy as it looks.

Inspiration for business names can come from almost anywhere. Some names are playful, such as The Cod Father fish and chip shop. Others, such as The Village Bakery, are more functional.

But all effective business names project a strong image that sticks in the mind of customers. Whether you are re-naming a developing business or starting a new one, the name you choose could make a serious difference to your chances of success.

“The wrong name can project an unclear identity about your business, whereas a strong name can accelerate brand awareness,” explains David Thorp, director of research at the Chartered Institute of Marketing.

 

Factors to consider when choosing your business name

Think about your target market, your product or service and the image you want to project. Is it better for your name to be functional or creative? Should it convey personality or reliability? Pick the wrong one and you could be stuck with it for a long time.

“The safest bet is the ‘does what it says on the can’ approach to business naming,” stresses Thorp. “Whatever style of name you choose, it should differentiate you from competitors,” he continues. “Naming your company A1 Cars may get you a listing at the top of the phone book, but customers will struggle to remember if you were AA Cabs or A Star Drivers next time they want to book a taxi.”

 

Pitfalls to avoid

When thinking of names, steer clear of those which are a mouthful when you answer the phone, that would look awkward on stationery, or are tricky to type as a web address. Avoid anything that could restrict your business development.

“Names that restrict a company to its geographical location can create problems,” Thorp explains. “Western Hotels became Western International and finally Westin.

“Using your personal name can be limiting, too, especially in a service industry where clients may feel they are not getting their money’s worth when Mr Smith is no longer able to handle their business personally,” he adds.

 

 

Legal constraints

Before committing to a name, search the National Business Register to check the name you want to use has not been registered or trademarked by another business, and that the website address is available.

You must also avoid using words such as ‘National’, ‘Royal’ or ‘Chartered’ which could bring legal action. If you are a sole trader or partnership, you cannot include the words ‘limited’, ‘Ltd’ or ‘plc’, but you are allowed to register the same name as another business – providing it does not trade near you or is nationally known.

“While a Mr Harrod might fancy opening a shop called Harrods, it probably wouldn’t be a good idea,” Thorp concludes.

Get more details about business name legislation from the Companies House website.

 

Conventions

Brand names come in many styles. A few include:

  • initialism: a name made of initials, such as “UPS” or “IBM”
  • descriptive: names that describe a product benefit or function, such as “Whole Foods” or “Toys R’ Us”
  • alliteration and rhyme: names that are fun to say and which stick in the mind, such as “Reese’s Pieces” or “Dunkin’ Donuts”
  • evocative: names that can evoke a vivid image, such as “Amazon” or “Crest”
  • neologisms: completely made-up words, such as “Wii” or “Häagen-Dazs”
  • foreign word: adoption of a word from another language, such as “Volvo” or “Samsung”
  • founders’ names: using the names of real people, (especially a founder’s name), such as “Hewlett-Packard”, “Dell”, “Disney”, “Stussy” or “Mars”
  • geography: naming for regions and landmarks, such as “Cisco” or “Fuji Film”
  • personification: taking names from myths, such as “Nike”; or from the minds of ad execs, such as “Betty Crocker”
  • punny: some brands create their name by using a silly pun, such as “Lord of the Fries”, “Wok on Water” or “Eggs Eggscetera”
  • combination: combining multiple words together to create one, such as “Microsoft” (“microcomputer” and “software”), “Comcast” (“communications” and “broadcast”), “Evernote” (“forever” and “note”), “Vodafone” (“voice”, “data”, “telephone”)

Renaming

  1. Choose your new business name.
  2. Check that there are no legal reasons why you cannot use the name.
  3. Register your new website url: consider registering other similar urls and establishing redirects to your main website.
  4. Register the new name at Companies House if you are a limited company.
  5. Consider trademarking the company name.
  6. Create a set of designs (logo, website, stationery, Twitter wallpaper, and so on). Consider using a freelance marketplace, eg elance or peopleperhour.
  7. Set up a website redirect, from your old website to your new one.
  8. Switch email address, from your old one to your new one, and change the contact details in the footer of your email.
  9. Consider any other IT-related naming issues. For example, if you use a Virtual Private Network (VPN), update its name.
  10. Communicate the name change to staff, customers, suppliers, the authorities (where are you registered under your old name?) and other contacts.
  11. Consider using PR or blogging to publicise the name change. Will you tell some people confidentially ahead of the launch, to make them feel special?
  12. Consider whether you need to continue using your old name alongside your new one until clients are used to the new company name. For example, Atom Content Marketing (formerly BHP Information Solutions).
  13. Discuss any necessary changes with your bank, eg changes to account names.
  14. Change the signage at your premises (and any livery on vehicles). If you rent your premises, the landlord may ask to see the Change of Name Certificate.
  15. Update your invoices, stationery and business cards to include your new name and logo.
  16. Amend the content of your website (and newsletter), and notify any external websites that link to it.
  17. Refresh your marketing literature and notify any directories that list you.
  18. Update your social media profiles, eg LinkedIn, Twitter, Facebook. Remember to include links to your new website.
  19. Review all your internal documentation, eg employment contracts, and update it as necessary.

 

 

Protecting trading names and brands

The goodwill in your trading names and brands is one of the main reasons your customers or clients buy from you. This factsheet explains how you can stop other businesses from registering or using the same, or similar, names or brands to yours, and damaging your business

The more valuable your names and brands, the more important this is that you take proper steps to protect your intellectual property. You should start by ensuring that your trading name is protected. This is especially true if you license an agent or distributor to use it, or they will be selling your branded goods and services. If you are entering into a joint venture or bringing a venture capitalist into the business, you may be asked to confirm your trading names are protected.

 

Use your trading name and brands

The best way to protect a name or brand is by using it. The more people associate a name with your business and/or your goods and services, the more the courts will recognise that you have legal rights in it, and punish infringers.

 

Register your intellectual property

Consider protecting your names and brands by registering them. For example, if your name or brand – whether words, logos, pictures, letters, shapes, sounds and smells, or any combination of them – distinguishes your goods or services from those of other businesses, you can apply to register it as a UK trade mark at the Intellectual Property Office. That gives you a monopoly on use of your trade mark in relation to the goods and services you specify in your application, that the courts will enforce quickly and easily.

You could also register it as a domain name and (if it isn’t already a company name) you could register it as a limited company name at Companies House. The tables below give more information on each option.

 

Monitor for infringers

Consider using a ‘watching’ service to monitor the trade marks registry, Companies House and different domain name registries for infringers. As soon as an identical or similar name is applied for, or registered, you are notified so you can take action.

Also monitor informally: use search engines to find mentions of the same or similar names on the internet, monitor the trade press and Yellow Pages, and listen for news on the grapevine from customers, business partners, suppliers and others.

 

 

Deal with infringers

Take fast, effective action against infringers. The longer you leave it, the more you are taken to have accepted the infringement.

The same dispute will often give you several different legal ways to attack the infringer. You may be able to:

  • Take them to court for ‘passing off’ and for infringing your registered trade mark.
  • Object to their trade mark application.
  • If you have already registered a limited company name, object to a new company registration in a similar name.
  • Object to Company Names Tribunal to the registration of the same or a similar name as a limited company name, whether or not you have registered it as a limited company name. This is because it is either the same as one in which you have goodwill or is so like your name as to be likely to mislead by suggesting a connection between the company and you (under name adjudication procedures).
  • Initiate one of the domain name dispute resolution procedures.

You may need to take action in other countries if you are trading or represented there.

 

Plan a strategy

You will need a strategy, but beware. Different criteria will be applied in each forum – it’s quite possible to win in one but lose in another. Also, different remedies are available, and there are different timescales for each set of proceedings. Pursuing every remedy at full speed might be appropriate – but equally, it could make the dispute messier than it needs to be, and give heart to the infringer.

Consider your strategy carefully with an adviser, to:

  • Identify all your legal options at the outset.
  • Decide the outcomes you want.
  • Decide which options will achieve them.
  • Plan a schedule for each, and co-ordinate them to give yourself the best chance of achieving your outcomes.

Turn the dispute to advantage

Usually, you want to stop the infringer and get compensation. Another possible outcome is to license the infringer to use your name legitimately, in return for payment, so the dispute turns into a revenue stream for you. In any dispute, consider whether the infringer is a potential collaborator, rather than just the ‘other side’.

 

 

Squatters

 

But some infringers will have registered your name simply to extract money from you. They have no other commercial interest in it. These can be tricky and untrustworthy individuals. It is sensible to use an adviser as an intermediary in negotiations with them, who knows the tricks of the trade.

Always take advice on any name or brand dispute. You need judgement and experience on your side.