ABOUT THE CONTRIBUTOR

Binh Rey
Binh Rey Binh Rey is the Principal Consultant and founder of Seriously Trademarks, she is passionate about helping people and companies to successfully brand and protect their most important business asset, their name. Binh has worked in senior marketing and sales roles within the IT industry for over 15 years, and thus truly understands the importance of branding products and/or services to gain a competitive edge in the market place. Binh holds a Masters of Business in Marketing from the University of Technology, Sydney and has worked within the trademarking services industry for the last five years. Her trademark success rate for clients is over 90% since establishing Seriously Trademarks. She really enjoys learning and helping people find the right protection for their brand. Seriously Trademarks was established with an ambitious aim of providing honest affordable service with great customer care.

Binh Rey has written 20 article(s) for us.

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Top 5 Tips on Finding The Right Business Name to Trademark

October 23, 2015 | Binh Rey

These five top tips will help you find a name which will likely assist in a successful trademark application if your search is thorough.

1)  Avoid common words: When thinking of names avoid commonly used terms within the industry you operate in. The reason is that section 41 of the Trademarks Act, requires that a word commonly used or likely to be used by other traders, cannot be trademarked for exclusive used by one trader. For example, Discount Beer for beer retailing.

2)  Five names: Come up with at least five names for your new business venture. This is to provide you with options so that you do not become attached to any particular name as not all the names you come up with will be unique therefore available to be trademarked.

3)  Google Search: Check the names you have chosen on a Google Search in the country where you wish to trademark. The reason for this is to see if there are any active businesses using your desired trademark.  So for example, with my business name, Seriously Trademarks, I searched the following words on Google: ‘Seriously Trademarks’,’ Seriously Trademarks Australia’, ‘Seriously’ and ‘Trademarks’.  I found that there were no businesses that came up using this combination as their company name or product name.  I was now confident that I had a unique business name.

4)  Company name/ Business name search: Check the availability of your ideal names with the government body that registers company and business trading names.  In Australia, ASIC (Australian Securities & Investments Commission) and in New Zealand it’s the NZ Companies Office.  If your search comes up with a number of listings, then the name you have chosen for your business is not unique so it is unlikely that a trademark application will be successful as there seems to be a demand for it.  Special tip: don’t go with a name, if a previous company has used it and been bankrupted or struck off. It’s not a good look or a good omen even if the name is available!

5)  Domain name: Check that the domain name is available and visit competitor websites to see what business they are operating in.

 99% of the result rests on your research. Even some global brands have to change their names due to trademark infringement.  Zara the fashion house was originally called ZORBA and Playboy was initially called STAG PARTY.  Back then, they probably didn’t have GOOGLE however that’s no excuse because there have always been searchable company and business name registries.  Luckily for both companies, the new names they adopted were successfully trademarked and are arguably even better trading names than the originals.

If you have followed all these steps or having stumbling blocks with them and need help, please leave a comment below.

* Zara is a registered trademark of  Industria De Iseno Textil, SA (Inditex, S.A) and Playboy is a registered trademark of Playboy Enterprises International,Inc.

*Seriously Trademarks is a registered trademark of Umbrella Projects Pty Ltd.