How to Choose the Perfect Business Name (and Avoid Trademark Trouble) | Foundd Legal

How to Choose the Perfect Business Name (and Avoid Trademark Trouble)

Choosing a name for your business is exciting, but it’s more than just picking something catchy! You need to think long-term and legally—no one wants to get caught up in trademark disputes or miss out on the perfect domain. 

Why Business Names Are a Big Deal 

Your business name is the first impression customers get, so it should reflect your brand. But it’s not just about creativity—choosing a name without proper checks can lead to expensive trademark battles or brand confusion. 

 

Step 1: Do a Trademark Search 

Before you fall in love with a name, search for it in trademark databases. In Australia, use IP Australia, or check international trademarks if you're planning to scale globally. Tools like TrademarkVision can help make this easier. 

 

Step 2: Secure Social Media Handles and Domain Names 

Even if the trademark is available, you’ll need to lock down your domain name and social media handles to ensure consistency. Imagine the frustration of creating a brand only to find someone’s taken “@YourBrand” on Instagram! 

 

Step 3: Avoid Customer Confusion 

Try to steer clear of names that are too similar to competitors. Having the same or similar names can confuse your audience—and in some cases, even result in lost business. 

 

Step 4: Think Long-Term Growth 

Will your name grow with your business? Avoid hyper-specific names like “The Sydney Cupcake Co.” if you plan to expand beyond cupcakes in the future. A flexible name ensures your brand evolves without needing a rebrand. 

 

Next Steps: Protect Your Brand 

Once you’ve nailed your name, protect it. Consider filing for trademark registration to give yourself legal backing—and peace of mind. (Pssst! Check out our  Trade mark Checklist in the shop if you need help.) 

 

Don’t take risks with your business name! Secure your brand today with our easy-to-use trade mark checklist. 

 

 

 

 

***Disclaimer. Please read!!***  

  

This article is for general information purposes only and should be used solely as general guidance. It does not and is not intended to represent legal advice or other professional advice. 

 

All rights reserved. © Foundd Legal Pty Ltd 


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