Choosing a name for your product or company is exciting, but it also comes with legal risks. From trademark disputes to domain name conflicts, understanding the legal landscape is crucial to ensuring your brand name is protected. Let’s take a look at some FAQs to help you navigate the legal concerns in naming.

1. Why is trademarking a name important?

A trademark legally protects your brand name from being used by others in your industry. Registering a trademark grants you exclusive rights to use the name in commerce and provides legal recourse against infringement.

2. How do I check if a name is already trademarked?

Before committing to a name, conduct a thorough trademark search using these resources:

  • USPTO Database (for U.S. trademarks) – https://www.uspto.gov/trademarks/search
  • WIPO Global Brand Database (for international trademarks) – https://www.wipo.int/en/web/global-brand-database
  • Professional trademark attorneys – For deeper due diligence and legal advice.

3. Can two companies have the same name?

Yes. Companies in different industries (e.g., Delta Airlines vs. Delta faucets; Dove soap vs. Dove chocolate) can share a name without conflict. However, if two companies operate in the same or related industries, trademark law protects the first company to register and use the name commercially.

4. What if my preferred name is in use but not trademarked?

If the name is in use but not legally protected by a trademark, you might still face challenges. Common law trademark rights can apply, meaning prior users may have claims even without formal registration. Always consult a trademark attorney before proceeding.

5. How do domain names factor into legal concerns?

Owning the right domain is crucial for brand visibility. However, securing a domain does not guarantee trademark protection. A brand can own a domain and still be forced to change its name if another company holds the trademark.

6. What is cybersquatting, and how can I avoid it?

Cybersquatting is when someone registers a domain name to profit from a brand’s identity. To protect your brand:

  • Secure multiple domain extensions (.com, .net, .co)
  • Monitor for unauthorized use
  • Use the Uniform Domain-Name Dispute-Resolution Policy (UDRP) to reclaim domains if necessary

7. What happens if I receive a cease-and-desist letter?

A cease-and-desist letter signals a legal challenge against your name. If you receive one:

  • Do not ignore it: Seek legal advice immediately.
  • Assess validity: Confirm if the challenger has valid trademark rights.
  • Consider rebranding: If a legal battle is risky or expensive, a name change might be the best option.

8. Should I copyright my brand name?

No, copyright law does not apply to brand names. Trademarks protect names, while copyrights protect creative works (books, music, art, etc.).

9. What legal steps should I take to protect a name?

  • Conduct a comprehensive trademark search
  • Secure domain names and social media handles
  • File for trademark registration in relevant markets
  • Monitor for potential infringements

10. What costs are involved in trademark registration?

Costs vary by region and filing complexity, but as a starting point:

  • U.S. trademarks: $250–$350 per class (USPTO filing fee)
  • Attorney fees: Additional costs for legal assistance (varies - starting at $500–$2,000+)

Need help?

Ensuring your name is legally available and protected from infringement will save time, money, and potential rebranding headaches down the road. If you need expert guidance, Tanj specializes in creating brand names that are both compelling and legally viable.