What do I need to consider when choosing a company name?

Takeaway: A strong company name must clear three hurdles—trademark availability, corporate and domain registration, and any industry-specific restrictions—before you commit.

Choosing your company’s name is both a creative milestone and a legal decision. While branding is important, failing to check the name’s legal and practical availability can lead to costly disputes or forced rebranding. A good name is one you can protect, register, and use without regulatory problems.

A thorough name selection process involves three key checks.

1. Trademark Availability

This is the most important legal step. A trademark protects your brand identity and prevents others from using confusingly similar names in your field.

  • Likelihood of Confusion: The legal question is not whether two names are identical, but whether they are similar enough to confuse customers in a related market.

  • Search Process: Start with basic online and social media searches, then have legal counsel perform a trademark clearance search through the U.S. Patent and Trademark Office (USPTO) database before finalizing your choice.

2. Corporate and Domain Name Availability

Your name must be registrable as a corporation and should have a viable domain.

  • Corporate Name: Delaware (or your state of incorporation) must confirm that no other corporation is using the exact same name. Your lawyer can check this quickly.

  • Domain Name: Securing a matching “.com” or relevant domain extension (such as “.ai” for AI companies) is often essential. If the domain is unavailable or prohibitively expensive, reconsider the name early in the process.

3. Industry-Specific Restrictions

Certain regulated industries impose additional naming limitations:

  • Aerospace & Defense: Avoid names that sound like existing government programs or military systems, which can cause confusion or legal issues.

  • Synthetic Biology & Health Tech: Steer clear of names that make unsubstantiated medical claims or violate FDA naming guidelines.

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.