By Alex Frankel

http://www.ambusi.com/member/branding/2004/03/30/naming

Before you launch a business, you must give it a name. Whether it's for a consulting firm, an e-commerce startup, or a flower shop, your name will become the cornerstone of your brand identity-the way customers think and speak of you; the banner for your employees to rally around; and a reminder of your company's values, goals, and message. But naming can be difficult-if you don't approach it intelligently. The number of trademark applications has increased dramatically in the last few years, making it seem as if all the good names are taken. But don't be daunted. By strategically marshalling your creativity, it's still possible to come up with a name that suits your business to a tee.

Frankel's Recommendations 1. Set out your company's core values, differentiating characteristics, and key message points in a very precise list. 2. Establish a naming team that includes the most creative people you know. 3. Take hundreds of possible names and winnow them down to a dozen. 4. Check with your county, the United States Patent and Trademark Office, and a domain-name registration company to make sure someone isn't already using your potential names. 5. Compare your final list of possible names with your summary of core values. 6. Register your name as a DBA and as a trademark.

Before you jump into the naming process, there is a key point to keep in mind: Don't spend too much time creating your name or identity; a few days should suffice. Don't let it get in the way of your main project-honing your product or service and selling.

1. First Create a List
Think of naming as a management exercise. Before you begin, set out your company's core values, differentiating characteristics, and key message points in a very precise list. Refer to your business plan-or if you haven't written one yet, this may be a good time to start.

See the AmBusi Planning Guide

Prioritize the points on your list and use them as a guide. Make a list of objectives that the ideal name will include. The naming process may take you down some strange and serpentine conceptual trails, but if you keep that list around, you'll be able to refer to it after you've come up with some possible names.

2. Be Creative
You can find the killer name, but you have to be creative and persistent. If possible, set up a naming team that includes some of the more creative people on staff (or if you don't have any employees ask your advisors). Have the team meet as a group and brainstorm ideas. Send team members off with assignments like culling press stories about the competition and creating a list of 20 words they see in the news about your specific industry.

Have the team come up with names-not just 1 name or 10, but scores or hundreds. The greatest obstacle to any name-creation endeavor is self-imposed: fixating on a single choice, one idea, and then proceeding no further. Push through; keep creating. Often a team will find a name they think is the one. They will tell others and everyone will get fired up. Then the team realizes it is owned and off-limits. It's back to the drawing board.

As you begin the creative process, keep in mind a little something called a "meme." A meme is a concept that replicates by passing from one person to another orally, visually, or symbolically. A good name is a virulent meme. Like a good joke, or to take a more sinister model, like a virus, it spreads across the cultural mindscape on its own power. When it's time to think of a name for your nascent company, you should approach it as if you're competing for mindshare. The perfect name will set you apart from your competitors, make you stand out, and give strength to your budding brand. Memetic names that have worked include Viagra, FedEx, and DustBuster.

The spectrum of naming runs from outlandish and ambiguous to descriptive and down-to-earth. A name like eBay fits in the ambiguous camp, whereas IBM-International Business Machines-is a descriptive moniker. While you don't want your name to be completely arbitrary, you do want your name to stand out, particularly when you're competing for mindshare. The rule of thumb in naming is that more ambiguous names will need to be backed up with larger (and more expensive) branding and advertising campaigns. However, the marketing costs may well be worth the future notoriety-Apple Computer was once an unknown upstart, and now Apple is one of the more well-known computer brands in the world.

3. Winnow Down the Names
At the end of the day, you only need one name. Set aside the ones you hate-that will probably take care of most of them. Now take a couple dozen of the ones you like and start checking them for availability.

4. Investigate Whether the Names Are Taken
Generally, there are three places you will need to check to make sure someone isn't already using your potential names: (1) Your state or county that handles fictitious business names, (2) the United States Patent and Trademark Office (USPTO), and (3) a domain-name registration company so your new company name will be reflected in your Website address and email.

Search for DBAs
Unless the name of your company is your personal name, you are typically required by law to register your so-called fictitious business name with either state or county government officials. This fictitious business name (FBN) is also known as a DBA ("doing business as"), and you must register it. Registering this name serves as a way for customers to connect the name of a business with the owner's name. Many banks also require a filed DBA before they will open your account. Generally, by visiting your county's Website, you can search to see if someone else is using the DBA of your choice.

Search Trademark Names
While registering a DBA is often required by law, you do not have to register for a trademark. It is a good idea, however, to file a trademark, which restricts the use of your name to your company, thus "protecting" your name on a national and even international level and making it easier to defend your name against potential infringers. A trademark can be bought or sold and often increases in value the longer it is in use. The trademark can sometimes be the most valuable piece of property when a company is sold.

If you decide you want to trademark your business name, you will need to register it with the USPTO, which is the governmental entity responsible for bestowing these legal rights of ownership. Trademarks are broken down into 42 classes or types of companies (for example, Class 38 denotes telecommunications and Class 33 denotes alcoholic beverages). You must make sure that no identical names exist in your class. Names that are spelled differently but sound alike-think McDonald's and MacDonald's-cannot be registered in the same class.

To check whether someone has trademarked your name, go to the USPTO Website at www.uspto.gov. Start by looking up a product or a company that matches yours-that way you will know what trademark class you should apply for. Try plugging in variations on spelling to determine if there are other similar names already registered.

Search for Domain Names
If you want to be taken seriously online, you need to come up with a name that can be used for your Website address (URL) and email with the dot-com suffix. Be aware that many URLs are registered but not in use, and the owners may be willing to part with them. They may be individuals, companies, or domain-name brokers, but no matter who they are, every seller has a price. To find out the owner of a domain name you want to buy, go to Register.com and type in the URL in the "Whois" search box at the top of the screen. Then send an email to the administrative contact and see if they are ready to talk business.

5. Winnow the Names Down Further
Unless you are a wildly divergent thinker, chances are once you have run your names through Register.com and the USPTO Website, your list will shorten considerably. Look at what remains. Pick out the best, and compare them to the points you listed earlier. You may find that you have hit your points dead on, or you have strayed. If the naming process has changed your perception of your company then it has been invaluable.

6. Register Your Name
It is easy to register for a domain name.
See our Deal, "Get Domain Registration for $9"
You can register your DBA yourself. See the section titled "Sole Proprietorship" in our Business Report, "S Corp., C Corp., LLC ... Choosing the Right Business Structure."

Go to this Business Report

Each trademark application will cost you around $250, a small price to pay for owning a word. You don't need a lawyer to apply for a trademark, but for some people hiring one can make the process easier. Books, such as those found at Nolo Press, can give you a broader understanding of the process. For most applications, however, the process is straightforward: Fill out an application and follow the USPTO guidelines provided on its Website. After an application is filed, expect to wait six months or more to hear whether your trademark has been successfully registered.