Naming Your Brand: How to Choose a Trademarkable Name for Your Business, Product, Course, or Podcast

Let’s be real: naming your brand feels exciting… until it doesn’t. Suddenly, you’re staring at a blank page (or 129 post-it notes) wondering: Do I go clever? Descriptive? Cool-sounding? What even is trademarkable anyway?

The truthbomb  is this: the name you choose isn’t just a word. It’s your first impression. It’s the flag you plant in people’s minds when they think of your business, product, course, or podcast. And while creativity counts, it’s not enough. A name has to be legally protectable too, otherwise, you risk building a brand on shaky ground.

This guide will help you choose a name that’s not only unique and memorable but also capable of being trademarked (aka future-proofed).

Step 1: Picking a Unique Name

A strong brand name should stand out in a noisy marketplace. Think of it like choosing a seat at a party, you don’t want to sit in someone else’s chair, you want one that’s all yours.

Famous examples of unique names:

• Google: A playful twist on the word “googol,” a mathematical term. Distinctive, quirky, unforgettable.
• Nike: Inspired by the Greek goddess of victory. Short, powerful, and full of meaning.

👉 Hot tip: Avoid generic or industry buzzwords (“Digital Solutions Co.” yawn). Instead, look sideways. Pull from mythology, mash up words, or invent something new entirely.

Step 2: Avoid Descriptive Names

Descriptive names (“Quick Print,” “Fresh Bread Bakery”) feel safe because they literally describe what you do. But here’s the kicker: they’re almost impossible to trademark.

Instead, try suggestive names.

They hint at the vibe or benefit without spelling it out.

• Descriptive: Quick Print
• Suggestive: SnapPrint (implies speed + impact without saying it outright)

👉 Tips for avoiding the trap:

• Use metaphors or symbolism.
• Pick words that capture your brand’s essence, not just its function.

Step 3: Know the 5 Types of Brand Names

To make it easier, let’s break down the main categories you’ll see out in the wild: 

1. Descriptive – Says what it does (Quick Print). Clear but weak protection.
2. Suggestive – Hints at benefits (SnapPrint). Stronger protection.
3. Invented/Made-Up – Totally new (Kodak, Spotify). Highest protection, but requires brand-building.
4. Experiential – Captures the experience or result (Safari, Slack). Evocative and memorable.
5. Acronyms – Shortened versions of longer names (IBM, IKEA). Work best if you’ve got the recognition to back it.

👉 Pro tip: Aim for suggestive or invented. These categories give you both trademark strength and creative flair.

Step 4: Ensure Uniqueness

Now the fun (but necessary) detective work begins. Before you fall in love with a name, you gotta make sure it’s not already taken.

Checklist for checking uniqueness:

1. Google Search – Do a broad and exact search.
2. Business Registration Database – e.g. ASIC (Australia) or your local equivalent.
3. Trademark Database – In Australia: IP Australia. In the US: USPTO.
4. Domain + Social Handles – Check .com, .com.au, and major platforms.

👉 Pro tip: Don’t just check exact matches. Look for alternative spellings and synonyms too.

Downsides of a Unique Name

1. Initial Lack of Recognition

• Challenge: A unique name might not immediately convey what your business, product, or service is about.
• Example: "Google" did not initially suggest a search engine, so it required significant branding efforts to build recognition.

2. Marketing and Branding Effort

• Challenge: You may need to invest more in marketing and branding to educate your audience about what your unique name represents.
• Example: Extensive advertising, storytelling, and brand-building activities are often necessary to make a unique name familiar and meaningful to your target audience.

3. Pronunciation and Spelling Issues

• Challenge: Unique names can sometimes be difficult to pronounce or spell, which can lead to confusion and make it harder for customers to remember and find your brand. 
• Example: If a name is too unconventional, it might be mispronounced or misspelled in search engines, social media, and word-of-mouth recommendations.

4. Cultural Sensitivity and Language Barriers

• Challenge: A unique name might have unintended meanings or connotations in different languages or cultures, which can potentially alienate or offend certain audiences. 
• Example: Conducting thorough research to ensure the name is appropriate and positively received across various regions and demographics is essential.

5. Trademark Challenges 

• Challenge: While a unique name can be easier to trademark because it is distinctive, it still requires a thorough search to ensure it doesn’t infringe on existing trademarks, which can be time-consuming and costly. 
• Example: Ensuring that the name is not similar to other trademarks, even in different industries, is crucial to avoid legal issues.

Step 5: Mitigate the Downsides

Here’s how to offset the risks:

• Clear branding: Build a strong narrative + visual identity.
• Marketing investment: Run campaigns that educate your audience about the name.
• Testing: Check pronunciation + spelling with real people before you lock it in.
• Legal checks: Hire a trademark attorney for extra peace of mind.

👉 Bottom line: A unique name is worth the effort. Done right, it becomes your moat, the thing competitors can’t touch.

Case Study: Why “Apple” Works

Think about Apple. On paper, it’s just a fruit. But here’s why it works:

• It’s suggestive (freshness, simplicity, approachability).
• It’s unique in tech (nobody else thought of naming computers after fruit).
• It’s easy to spell + remember.
• It’s trademarked globally because of that distinctiveness.

Lesson? Sometimes the simplest words, when applied in unexpected industries, make the strongest brands.  

Quick Checklist: Is My Name Trademark-Ready?

Unique, not generic

• Not directly descriptive
• Passes Google + database checks
• Available on socials + domains
• Easy to spell + say
• Doesn’t have weird cultural meanings
• Cleared by a trademark search

If you can tick most of these off, you’re in good shape.

FAQ: Brand Naming & Trademarks

Can I trademark my personal name?

Yes, but only if it’s distinctive in your industry. Think McDonald’s or Ford.

How much does trademarking cost?

It varies by country. In Australia, expect ~$250+ per class. In the US, $250–350 per class.

Do I need a lawyer?

Not always. While a trademark attorney can save you time and mistakes, you don’t have to start there. Our [Course Name] is designed to walk you through the exact steps to choose a trademarkable name and check its availability, so you can feel confident before investing in legal fees. Think of it as your shortcut to clarity and protection.

Can two businesses have the same name?

Yes, if they’re in completely unrelated industries (e.g. Delta Airlines vs Delta Faucets). But confusion = risk, so best to avoid.

Choosing a brand name is a balancing act between creativity and strategy. It should:

• Be unique (but not confusing).
• Be suggestive, not descriptive.
• Be available across domains + trademarks.
• Carry your brand story with pride.

When you nail it, you don’t just have a name, you have a trademarkable asset that protects your intellectual property and helps you carve your own lane in the market.

So, whether you’re naming a business, product, course, or podcast, aim for something that feels like you, stands out, and is legally future-proof. 

***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.

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