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Starting a business is challenging, with countless decisions to make and expenses to manage. Among these, choosing a brand name is one of the most important—and it can have long-term consequences for your business. A strong brand name is essential to distinguish your products or services from competitors, and securing legal protection for it through trademark registration is crucial.
Here are the important things to keep in mind when choosing a brand name for your business:
Ensure Your Brand Name is Distinctive
To secure trademark protection, your brand name must be distinctive and non-descriptive. Generic or descriptive names, such as those that simply describe your goods or services (e.g., “Best Coffee”), are difficult to protect under trademark law. A distinctive brand name is easier to protect, making it a valuable commercial asset. Trademarks grant you a monopoly over the use of your brand name, allowing you to prevent others from copying or imitating it. Investors and potential buyers often prioritize businesses with strong, legally protected brand identities.
Conduct a Thorough Trademark Search
Before settling on a brand name, you must ensure that it is not already registered as a trademark in any of your key markets. A similar, pre-existing trademark could block your application or, worse, result in an infringement claim, forcing you to rebrand and pay damages and legal costs. Conduct a comprehensive trademark search to identify any potential conflicts. Even if the names are not identical, similar trademarks could still be problematic.
Check Domain and Social Media Availability
In today’s digital world, having an online presence is crucial. Once you have selected a name, check whether the domain name and social media handles are available. Ideally, your brand name should be original enough that it isn’t already taken on major platforms. Acquiring these digital assets later can be costly and time-consuming, so it’s best to secure them from the outset.
Secure Copyright Assignments for Logos
If you’re hiring a designer to create a logo for your brand, be sure to establish clear copyright ownership. In many cases, the freelancer or graphic designer who creates the logo retains the original copyright, meaning you may not have full ownership. To avoid legal complications, make sure your agreement includes a copyright assignment, transferring ownership of the logo to you once it’s complete. This step ensures you fully control your brand’s visual identity.
Register Your Brand Name as a Trademark
Finally, to legally “own” your brand name, you must register it as a trademark in your primary market. Trademarks offer essential legal protection, granting you exclusive rights to use the name and preventing others from imitating it. Trademark registration is also a key factor during business due diligence, especially if you seek investors or buyers in the future.
Choosing a brand name that is both unique and legally protectable is essential for your business’s long-term success. Conducting a trademark search, securing domain names and social media handles, and obtaining copyright assignments for logos will save you from costly rebranding and legal disputes.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient, and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is a top-tier Vietnamese law firm that provides in-depth legal advice in Vietnam and internationally. If you need any advice, don’t hesitate to get in touch with us for further information or collaboration.
