Ask Avvo: What should I consider when naming my small business?

This article originally appeared on Avvo

To get you on the right path with your new small business, brand or product line, here are seven guidelines to help you choose the right name and make sure it’s legally yours to use.

1. Ask yourself: What’s the first thing you want a customer to think about your business?

The answer should set the tone for the rest of your identity, whether that’s playful, authoritative, edgy, corporate, friendly, hip, fun, etc.

2. Descriptive names tend to work better

For example, your audience will know right away what “Track Jeans” is as opposed to just “Track.” But be careful not to get too specific, otherwise you risk pigeon-holing your brand if you later decide to expand your offering.

3. Keep it simple

Powerful names are easy to pronounce, spell and remember. You want word of mouth referrals, right? Customers have to be able to remember your name if they’re going to spread the word about how fantastic your brand is.

4. Be careful about language and cultural pitfalls

The best way to steer clear of creating an embarrassing situation with your brand name is to test it on your target audience. They may see something you don’t.

5. Check if your name is available to use

You should do that with a business name search online for the state in which you’re going to be doing business. At this point, you’d be smart to do a comprehensive trademark search called a trademark clearance, confirming, among other things, whether your name is available in all 50 states. This also lets you see if anyone has registered for, received or abandoned a trademark for your desired name.

6. Incorporate and register your name

Incorporating your business or starting an LLC is important for for protecting your personal assets and for tax purposes. Forming a legal entity will also automatically register your business name in whatever state you’ve incorporated in. That means that nobody else can use the name in your state as a corporation or an LLC.

7. Register the trademark with the U.S. Patente and Trademark Office

Incorporating, while extremely important, won’t stop another business from using your name in any of the other 49 states — and they can go as far as using the name in your own state by filing a DBA name. If you are serious about protecting your brand and making sure no one else can use your business name, you’ll need to file for a federal trademark.

Make sure to talk to a business attorney about doing a trademark clearance first. A clearance can help ensure you can register your name as a trademark and keep it yours for many years to come. The cost of a clearance is well worth it in the long run.

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