Naming Your Company: Legal and Brand Considerations
Takeaway: A great company name is more than just memorable; it must be legally available, clear of regulatory red flags, and aligned with your long-term brand identity.
Choosing a name for your company is one of the first truly creative acts of a founder. It’s the banner under which you will rally your team, pitch investors, and eventually, go to market. A great name can be a powerful asset. However, the perfect name is not just about a clever pun or a nod to a scientific principle; it must be able to clear a series of critical legal and regulatory hurdles. Rushing this process or falling in love with a name before vetting it is a common mistake that can lead to expensive rebranding efforts or even legal disputes down the line.
Here’s how to think about this strategically, blending the creative process with essential legal due diligence.
The Legal Gauntlet: Is This Name Actually Available?
Before you get too attached to a name, you need to play defense and find out if you can legally claim it as your own.
Trademark Search: This is the most important step. A trademark is a word, logo, or phrase that identifies your company as the source of your products. Your goal is to find a name that is not already being used by someone else in a way that could create a "likelihood of confusion" in the marketplace.
Start Broad: Begin with simple Google searches and searches on the U.S. Patent and Trademark Office (USPTO)'s TESS database.
Think Beyond Identical Names: The test isn’t whether the name is identical; it’s whether it’s confusingly similar to another company in a related field. "SynthoCure" and "SynthCure" for two different gene therapy companies would likely be a problem.
Get Professional Help: While you can do preliminary searches yourself, it is highly advisable to have experienced legal counsel conduct a comprehensive clearance search before you commit. The cost of a search is trivial compared to the cost of rebranding your company two years from now.
Corporate Name Check: Your chosen name must be available for registration as a corporation in your state of incorporation (usually Delaware). This is a straightforward check on the state's Division of Corporations website. It's important to remember that this is separate from a trademark clearance; securing the corporate name “Innovate Bio, Inc.” in Delaware does not give you the right to use the brand “Innovate Bio” if another company already has a trademark for it.
Domain Name & Social Media: In the digital age, this is a practical necessity. Check if the .com domain name and the handles for major social media platforms are available. Having a fragmented digital identity can dilute your brand.
The Regulatory Red Flag: Naming for the FDA
For synbio companies in the therapeutics space, there’s an additional layer of scrutiny from the Food and Drug Administration (FDA). The FDA reviews and regulates the names of drug products to prevent confusion between medications and to prohibit names that are overly promotional or make unsubstantiated claims.
While this applies most directly to product names, choosing a company name that sounds like a disease cure (e.g., "AlzheimersEnd Bio") can create significant regulatory headaches and be viewed as making premature claims about efficacy. It is often wiser to choose a more abstract company name that gives you flexibility for future product pipelines.
Final Strategic Considerations
Once you have a list of legally and regulatory cleared names, you can evaluate them on branding merits:
Is it easy to say, spell, and remember?
Does it hint at your mission without being overly literal?
Does it have any negative connotations in other languages?
The naming process should be a funnel. Start with a wide list of creative ideas, but then rigorously filter them through the legal, regulatory, and practical checks. Doing this diligence upfront ensures the name you choose will be a lasting asset, not a future liability.
Disclaimer: This post is for general informational purposes only and does not constitute legal, tax, or financial advice. Reading or relying on this content does not create an attorney–client relationship. Every startup’s situation is unique, and you should consult qualified legal or tax professionals before making decisions that may affect your business.