Choosing a Brand Name for Startup

I had to rebrand my company. Not because I wanted to—because I didn’t check properly before committing to a name.

We built everything around a brand name that sounded unique. Launched the product. Got customers. Started marketing. Then we tried to file a trademark and found out someone else already had a phonetically similar name in our space. High chance of opposition. Legal risk we couldn’t afford.

So we rebranded. Changed the name, redid all the materials, confused some customers, and learned an expensive lesson: owning a brand name is more than just registering a domain.

Here’s what you need to check before you commit to a brand name.

You have a unique sounding, catchy or narrative driven brand name idea, great but owning a brand name doesn’t mean having a good idea (sadly), it means:

1. Legal ownership - Trademark rights in your operating markets

2. Digital ownership - No identity crisis on Internet - Domain names, social handles

3. Operational freedom - Nobody can stop you from using it

4. Future scalability - You can expand to new markets/products without conflicts

Most founders think “I bought the .com, we’re good.” That’s not enough.

You want a brand name that’s:

• Easy to pronounce

• Obvious to spell

• Memorable

• Available as a .com domain

The problem: anything obvious is already taken in your industry.

So you get creative. You combine words, add suffixes, use made-up terms. You find something that feels unique. You check GoDaddy—domain’s available. You think you’re done.

You’re not.

Before you spend a rupee on branding, check if you can actually own the name legally.

For India: Go to the Indian Trademark Registry and search your brand name.

What to search:

• Exact name

• Similar sounding names (phonetic variations)

• Names with common misspellings

Search in relevant classes. Trademarks are divided into 45 classes (more on this below). You need to search the classes relevant to your business. Instead of expailing classes to you here’s the example:

• Class 9: Software, apps, electronics

• Class 42: IT services, SaaS

• Class 35: Marketing, business services

So, depending on which all sectors you’d like to do business in(with same brand name); will define number of trademark applications you’d have to file. Note, each applications can have only one class, and each application will roughly cost you few thousands to you depending on your legal partner who’s drafting the application.

What you’re looking for:

• Exact matches (obvious conflict)

• Phonetically similar names (can be opposed—this is what got me)

• Names that look different but sound the same when spoken

If you find conflicts in your classes, move on. Pick a different name. There are high chances that Trademark office will flag this for explanation or worse, the company owning the conflicting TM will oppose.

You might not be selling globally today, but you need to check global conflicts anyway. It’s a good practice. But again, optional.

Here’s why:

1. You might expand internationally

2. Global conflicts can still create legal issues (if someone enters India with that name)

3. Investors care about clean IP

You don’t have to search every country’s registry manually. Use the WIPO Global Brand Database.

WIPO (World Intellectual Property Organization) aggregates trademark data from 55+ national and international sources. It’s free. It’s comprehensive. Use it. (There is much more you can do with WIPO for IPs, more on this later)

How to search:

1. Go to https://branddb.wipo.int/en/quicksearch

2. Enter your brand name

3. Check results across major markets (US, EU, UK, China if relevant)

4. Filter by classes relevant to your business

What to watch for:

• Madrid Protocol filings (international trademarks covering multiple countries)

• US and EU registrations (hardest markets to enter)

• Phonetically similar names in your industry

If you find a conflict in the US or EU and you plan to operate there—pick a different name. IP Offices and IP laws are strict over there. Opposition proceedings are expensive and you’ll probably lose.

Trademarks are organized into 45 classes:

• Classes 1-34: Goods (physical products)

• Classes 35-45: Services

Common tech startup classes:

• Class 9: Software, apps, downloadable content

• Class 42: SaaS, cloud services, IT consulting

• Class 35: Advertising, marketing, business management software

• Class 41: Education, training platforms

You can have the same brand name as someone else if you’re in completely different classes. “Apple” the fruit company vs Apple the tech company would be fine. Apple the tech company vs Apple the phone manufacturer—conflict.

Key point: Phonetic similarity matters even across classes if there’s potential confusion. “TechFlow” software vs “TekFlo” consulting could still be opposed.

Trademark registration takes 12-18 months. You need to operate in the meantime. So you need to check digital availability.

Must-have:

• .com (always, even if you operate only in India)

• .in (if India-focused)

Nice-to-have (defensive registrations):

• .ai (if you’re in AI space)

• .co

• Common misspellings of your domain

Go to Namecheap or GoDaddy and search. If the .com is taken, think twice about the name. You’ll spend years fighting for credibility because people will eventually land on .com versions of your website and someone can spoof your customers or even worse someone can create a satirical website on your brand xD (AritelBlack is my favourite)

Exception: If the .com is parked (no real business using it), you might be able to buy it. Check WHOIS, reach out to the owner. Budget $2K-$10K for a decent domain purchase.

Search your brand name on Google. What shows up?

• Another company with similar name? Problem.

• Generic results? Good (means the name isn’t saturated).

• Negative associations? Problem (your brand will inherit those associations).

Do the same search on:

• Google India

• Google US

• AI search (Perplexity, ChatGPT web search)

See what results dominate. If there’s already a footprint from another brand—even without a trademark—you’ll spend years fighting SEO battles.

Use Google Keyword Planner or Ahrefs to check:

• Search volume for your brand name

• Cost-per-click (CPC) for that keyword

If the CPC is high, it means there’s commercial intent around that term. Someone’s already monetizing it. You’ll compete with them for visibility.

Your brand name might mean something stupid in another language.

Examples:

• “Pajero” (Mitsubishi SUV) means “idiot” in Spanish

• “Barf” (Iranian detergent) means “vomit” in English

Run your brand name through Google Translate for:

• Hindi/regional Indian languages (if you’re India-focused)

• Spanish (large global market)

• Chinese (if you’ll ever operate in APAC)

If it’s offensive or ridiculous in a major market, pick a different name.

How will people misspell your brand name? Search those variations on:

• Google

• Domain registrars

• Social media

If common misspellings lead to competitors or scammy websites, that’s a problem.

Check if your brand name is available on:

• Twitter/X (@yourbrand)

• LinkedIn (/company/yourbrand)

• Instagram (@yourbrand)

• YouTube (/yourbrand)

You don’t need to own all of them immediately, but if your exact brand name is taken by an active account in your industry—that’s a visibility problem. You can always add some suffix and workaround the brand handle names but remeber singular brand identity over internet will payback.

Use Name checker for social media (but they sometime are shit) to check all platforms at once or better, go to your preferred primary platforms and do a search.

There are two ways companies use trademarks:

File a trademark to:

• Prevent others from blocking your name

• Maintain freedom to operate

• Show investors you have clean IP

You’re not planning to sue anyone. You just want legal protection for your own use. This is what most startups should do.

File trademarks and actively enforce them. Send cease-and-desist letters. Oppose similar filings. Sue infringers. This is Disney, Apple, Nike. They have legal teams dedicated to trademark enforcement.

Key insight: If you pick a name that’s phonetically similar to a big brand’s trademark—even in a different class—they might come after you just because they can. Avoid this fight.

Trademark law protects against “confusingly similar” names. That includes:

• Names that sound the same when spoken

• Names that could be confused in verbal communication

Examples:

• “SoundWave” vs “SaundWave”

• “CloudSync” vs “Kloudsync”

• “DataFlow” vs “DatFlow”

You might think “they’re spelled differently, we’re fine.” You’re not. Trademark examiners and courts look at how consumers will perceive the brand—and most people hear brands before they see them spelled out.

Rule: If your brand name sounds like an existing trademark in your industry, pick a different name.

Once you’ve cleared all the checks above, file your trademark.

Process:

1. Go to IP India

2. Create an account

3. File a trademark application in relevant classes

4. Pay filing fees (₹4,500 per class for startups)

Timeline: 12-18 months for approval

Cost: ₹10K-15K if you do it yourself, ₹25K-50K if you hire a lawyer

If you want trademark protection in multiple countries, use the Madrid Protocol instead of filing separately in each country.

How it works:

1. You need a base trademark filed in India

2. You file one international application through WIPO

3. You designate which countries you want protection in

4. WIPO processes it and sends it to each country’s trademark office

Cost: Cheaper than filing separately in 5+ countries, but still significant (budget $2K-$5K)

Countries covered: 130+ including US, EU, UK, China, Japan

You filed your trademark. You’re not done.

Trademarks require active use. If you don’t use your trademark for 3-5 years, it can be cancelled.

What counts as use:

• Product packaging

• Marketing materials

• Website

• Invoices/receipts

Keep dated evidence of use (screenshots, PDFs, photos). You’ll need this if someone challenges your trademark.

Trademarks in India need renewal every 10 years. Set a reminder. Missing renewal can forfeit your rights.

Watch for new trademark filings that conflict with yours. If someone files a similar name in your class, you have a window to oppose it.

WIPO and IP India both have monitoring services (paid). Worth it once you have a brand worth protecting or your strategy demands it.

As you grow, you’ll launch new products, services, or sub-brands. Think ahead about how your trademark strategy scales.

Options:

1. Master brand + sub-brands Example: Google (master) → Google Maps, Google Drive, Google Cloud

File trademarks for both the master brand and each sub-brand.

2. House of brands Example: Procter & Gamble (parent) → Tide, Gillette, Pampers (separate brands)

Each brand has its own trademark. Parent company isn’t customer-facing.

3. Endorsed brands Example: Marriott (master) → Marriott Bonvoy, Marriott Marquis

Sub-brands carry the master brand name for credibility.

Plan this early. If you pick a name that’s hard to extend (too specific, too limiting), you’ll need to rebrand later.

Before committing to a brand name, I would have:

1. Searched WIPO first (not just India trademark registry)

2. Checked phonetic variations (not just exact matches)

3. Verified .com availability (and budgeted to buy it if parked)

4. Googled the name in 5 countries (to see what footprint exists)

5. Run it through Google Translate (for 10 major languages)

6. Checked social media handles (and secured them immediately)

Total time this would have taken: 4-6 hours. Time I spent on the rebrand: 6 months.

I know all of this sounds like a lot of things but you don’t have to do everything in the beginning. Do the research now, keep filings for later and If you still find yourself on a cross road or want to start from the scratch, ping me, I will help you out.
It’s appalling to see that most of the Design agencies and so-called branding agencies in India are not doing half of this research work (just cause, “hey, we don’t do legal work, you should hire a legal partner”. I get that you are not expert on legal matters but don’t you know how to do basic research ?).

Branding is hard, especially if you put such 100 conditions around it. But navigating through this and finding a ownable name and building a brand around it, is the real solution to the problem. I have spoken with some of the top agencies from US and Europe and they charge some $100K (90Lacs) just to come up with names 🫠 and in the end even experts are just damn good researchers. So, put in sometime and get it right.

Hope this helps. See you in next one. 🌻