When your startup is trying to make a name for itself, the Name better be yours first. Start-ups will usually perform preliminary searches and register corporate names at the time of incorporation. This provides some protection but this does not mean that the startup is shielded from trademark infringement. Most jurisdictions follow strict naming conventions, however, registering in one will not provide trademark rights automatically. Trademarking is a separate process and handled by a Federal Office in most jurisdictions. Trademark searches can be done through online public databases.

A good branding strategy is to ensure a proposed name is available for use, register a web domain and then register as a corporate name. It is possible to incorporate and operate under different names as long as proper registration processes are followed for both. It is also possible to use a corporate name different from the brand name as long as both are properly owned by the group. Entities can be structured in a number of ways to provide for effective corporate management and operation strategies which may lead to confusion about the different names used by a group. Proper ownership and registration of names are thus important. Names are part of a startup’s IP and can sometimes become the most valuable asset(s). Make sure yours are registered right!