Choosing a business name is a challenging but essential task for a business owner. After all, the name of your company not only affects how consumers view your brand but may even have legal repercussions linked to trademark and copyright issues.

Choosing a Business Name

Considering that, it’s essential to think carefully when naming your LLC or another business structure because it can significantly impact its reputation and success. The choice of a company name must consider several issues, such as trademark and copyright considerations.

Today, we’ll cover the crucial elements to consider while naming your company to ensure it’s unique, memorable, and legally secure.


Let’s start with the fundamentals. Your name should appropriately reflect your company’s mission and values while being distinctive and straightforward to say and spell.

It’s also a good idea to pick a name that stands out from others used by businesses in your sector, allowing customers to find it quickly and recall and recognize your brand. As a result, you are helping distinguish your company from others.

Choosing a business name and considering trademarks

Now let’s discuss issues related to trademarks. Words, phrases, symbols, and designs that define and set one brand or product apart from another are protected by trademark law.

You may unintentionally violate someone else’s trademark if you select a business name that another company is already using or is confusingly like theirs. To avoid this, you’ll need to search the United States Patent and Trademark Office’s database or hire an attorney to search for you. They will look for any possible infringements and advise you accordingly.

Copyright concerns 

You’ll also need to take copyright concerns into account when choosing a business name in addition to trademark considerations.

As a reminder, original works of authorship are safeguarded by copyright laws.

This includes:

  • Literature
  • Music
  • Art
  • Software

Learn more about acquiring and protecting intellectual property rights in this post.

You can infringe on someone else’s copyright if your company’s name is the same as the title of a book, music, or other work protected by copyright. Before choosing a name for your business, you must undertake a copyright search to prevent this from happening. You can do this or have a lawyer do it by examining the Copyright Office’s database.

You should also register your trademark and copyright for your company name after ensuring no one else is using the name. This offers you legal protections you would not otherwise have. It also makes it easier to assert your rights if someone tries to use the name of your business without your consent.

Branding potential

Next, you’ll need to get out your business plan.

Still need to write one? Head to this post next to find out what it should include.

Think back to when you first wrote your business plan: one aspect that warrants careful consideration is the branding potential of your chosen business name. Your business name is more than just a label; it’s a fundamental element that can set the tone for your entire venture.

A well-thought-out business name can distinguish your company from its competitors and establish a distinctive brand identity that resonates with your target audience.

A strategically chosen business name also carries the potential to leave a lasting impression, making your company memorable in the minds of consumers.

It can be a powerful tool to:

  • Pique interest
  • Attract potential customers
  • Foster loyalty

This brand recall factor can significantly influence your business’s success in a competitive marketplace.

Key considerations

Consider how your name choice can reflect your business’s core values and mission. Your name should convey a clear message about what your company stands for and what sets it apart from the competition.

Furthermore, consider how you want your business to be perceived by your customers. Your business name should encapsulate the essence of your brand and evoke the desired emotions or associations.

Whether you aim for a sense of trustworthiness, innovation, affordability, or any other distinctive quality, your business name can be a powerful vehicle for conveying these attributes to your target audience.

How to Choose a Business Name

To craft a compelling business name, you’ll want to align it with your target market and the products or services you intend to provide. Your business name should be relevant and resonate with your audience’s preferences and values.

A helpful exercise is brainstorming potential names and testing them with your target audience. Take their feedback into consideration, but don’t forget to trust your gut and choose a name that feels right for you and your business.

Conclusion: Choosing a Business Name

So much weight lies on the shoulders of your brand – your reputation, your credibility, and ultimately your company’s growth. Everything from your trade name to the legal protections you set in place builds the foundation for all your marketing efforts and the basis of how people recognize your company.

The team at Contiguglia Law—your trusted Denver business lawyers—can help you navigate the legalities of choosing and protecting your business name. With our expertise, we can assist you in conducting a comprehensive trademark search and registering your trademark to ensure your brand is fully protected.

Book your free strategy session to learn more about how we can support your business.

In the meantime, my book “Don’t Skip the Legal: The Startup Guide for Entrepreneurs and Business Owners” covers choosing a business name and other legal topics in more detail. It’s available on Amazon—buy your copy today!

Did you learn a lot about choosing a business name in this post?

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