Naming a business or product: choosing a name customers remember and you can legally use

How to choose a business, product or brand name: start from values and customers, explore name types, test candidates, and check business name, trade mark and domain availability in Australia.

A name is one of the first things customers learn about a business or product, and one of the hardest things to change later. A good name is easy to remember, says something about what you offer or how you want to be seen, works across your markets and channels, and belongs to you legally. A poor name confuses customers, gets lost among competitors or, worst of all, infringes someone else’s rights and must be abandoned after you have invested in it.

Many founders choose a name quickly, often based on personal preference, and only later discover that the domain is taken, a competitor uses something similar or the name does not suit the business as it grows. A little structured thinking avoids these problems.

This article explains what to consider before brainstorming, the main types of names, how to generate and test candidates, and the legal and practical checks needed in Australia.

Start with the brand, not the name

Before brainstorming, answer some fundamental questions. Business trainers commonly suggest these:

  • What are your brand values? What do you stand for?
  • Who is your target market? Who must the name appeal to?
  • What is the brand’s personality? Serious or playful, traditional or modern, technical or approachable?
  • What is the ultimate goal of the business? Where do you want it to be in ten years?
  • What is your value proposition? Why should customers choose you?
  • What problem do you solve?
  • How do you want to be seen and perceived?

Write short answers. They become the criteria against which you judge every candidate name. A name for a precision engineering firm serving defence contractors needs a different feel from a name for a café or a children’s toy brand.

Think about the future

Avoid names that box you in. A name tied to one product, one suburb or one technology may fit today but become a constraint if you expand. “Northside Laser Cutting” works well locally, but may not suit a business that later offers fabrication across several states.

Types of names

TypeDescriptionStrengthsWeaknesses
DescriptiveSays what you do, such as a name built from your service and locationInstantly clear, helpful for searchHard to protect as a trade mark, can be generic and limiting
Suggestive or evocativeHints at a benefit or quality without describing it directlyMemorable, easier to protectRequires some explanation
InventedA new word with no prior meaningHighly distinctive, easiest to protectNeeds marketing to build meaning
Founder or family nameBased on a person’s namePersonal, conveys accountabilityCan complicate succession or sale, and may not be distinctive
Acronym or initialsLetters standing for a longer nameShortOften forgettable and hard to protect
CompoundTwo words combinedCan be distinctive and meaningfulCan become awkward

Some trainers advise that a name should let customers understand what the business does at a glance. A point-of-sale software company that builds its name from “POS” is an example. This works well for clarity and search, but purely descriptive names are often difficult to register as trade marks, because descriptive words must remain available to other traders. Many businesses find a balance: a distinctive name with a descriptive tagline.

Generating candidates

  • Brainstorm widely using your brand criteria: values, benefits, customers, personality and imagery.
  • Explore related words: synonyms, metaphors, words from other languages (checked carefully for meaning), and roots of words.
  • Combine and modify: join words, shorten them or create blends.
  • Involve others: team members, trusted customers and advisers often suggest angles you missed.
  • Aim for a long list of 30 to 50 options before narrowing down.

Testing candidates

Narrow the list to five to ten, then test each against these criteria:

  1. Memorable: can people recall it after hearing it once?
  2. Easy to say and spell: can people find you after hearing the name in conversation or on the radio?
  3. Meaningful or evocative: does it fit your brand criteria?
  4. Distinctive: does it stand apart from competitors’ names?
  5. Scalable: will it still fit if you expand products, services or locations?
  6. Culturally appropriate: does it have unintended meanings in other languages or communities you serve?
  7. Visually workable: does it work in a logo, on signage, on a small product label and as a social media handle?
  8. Legally available: can you register and protect it? (See below.)
  9. Domain available: can you obtain a suitable domain name?

Test with customers

Ask a handful of potential customers, without explanation, what each shortlisted name suggests to them, and which they would remember. Their associations may surprise you. A/B testing, showing different groups different names on mock-ups or advertisements and measuring response, can also help for consumer products.

Business name registration

If you trade under a name other than your own personal name (for a sole trader) or your company’s exact registered name, you generally need to register a business name with ASIC. Check availability using ASIC’s business name search.

Important: registering a business name does not give you exclusive rights to use it. It is a registration for consumer protection purposes. Another business may already hold a trade mark for a similar name, and using it could infringe their rights.

Trade marks

A registered trade mark gives you exclusive rights to use a name for specified goods and services in Australia. Before committing to a name:

  • Search the trade marks register on IP Australia’s website for identical and similar marks in your classes of goods and services.
  • Consider whether your name is registrable: descriptive names and common words are often refused.
  • Apply to register your trade mark once you have chosen. IP Australia offers tools, and a trade mark attorney can help with complex cases.

The article on trade marks for small businesses explains the process in detail.

Company names

If you register a company, its name is registered with ASIC, but again this does not provide trade mark protection.

Restricted words

Some words cannot be used in business or company names without approval, such as words suggesting a connection with government, or regulated terms such as “bank”. ASIC publishes guidance on restricted and unacceptable names.

Domain names

Check whether your preferred domain names are available. Australian domain names ending in .au, such as .com.au, have eligibility rules, generally requiring an Australian presence such as an ABN, ACN or registered business name. Secure the main variations you may need, and consider common misspellings for consumer brands.

Social media handles

Check availability of matching handles on the platforms you plan to use, and secure them early.

Avoid misleading names

A name must not mislead customers about your business, for example by implying an endorsement, a qualification or an origin you do not have. The Australian Consumer Law prohibits misleading or deceptive conduct, and names that imitate competitors’ brands can attract legal action for passing off.

Naming products and services

Product names follow the same principles, with an additional question: how does the product name relate to the company brand? Common approaches include:

  • A masterbrand, where all products carry the company name with descriptive product names, such as “Company X Pump 200”. Simple and builds one brand.
  • Endorsed brands, where products have their own names supported by the company name, such as “Product Name by Company X”.
  • Independent brands, where products have distinct names and the company stays in the background. This suits businesses serving very different markets but requires more marketing investment.

Small businesses usually do best with a masterbrand and clear, consistent product naming, so customers understand the range easily.

A naming scorecard

Score each shortlisted name from 1 to 5 against your criteria, weighting the ones that matter most:

CriterionWeightName AName BName C
Fits brand values and personality
Memorable
Easy to say and spell
Distinctive from competitors
Scalable for future growth
Works visually and in handles
Customer reaction in testing
Trade mark risk (low risk scores high)
Domain availability

Any name that fails the legal checks should be eliminated, however well it scores elsewhere. Among the rest, the scorecard makes the trade-offs visible and helps a founding team reach agreement, rather than arguing from personal preference.

Names in business-to-business and technical markets

Technical and industrial buyers often value clarity and credibility over cleverness. Names that suggest precision, reliability or expertise, combined with clear descriptions of capability, tend to work well. Buyers also search by capability, so make sure your website and listings describe what you do in plain terms, even if your name is suggestive or invented. Avoid names that sound frivolous in sectors such as engineering, defence, health or finance, where trust is central.

Changing a name

Sometimes an existing name no longer fits: the business has changed, the name causes confusion or a legal problem arises. Renaming is costly, because signage, vehicles, websites, documents, product packaging and customer awareness all need updating. Plan the transition: announce it clearly, explain the reason, use both names for a period where practical, and redirect old web addresses to new ones.

A worked example

Two engineers start a business designing and supplying automated inspection systems for food manufacturers. Their first idea is “Food Vision Systems”, which is clear but descriptive and similar to several existing businesses.

They write brand criteria: precise, trustworthy, modern, focused on food safety, with potential to expand beyond food. They brainstorm 40 names and test a shortlist with eight food production managers. “Clearsight” scores well for memorability and meaning, but a trade mark search finds an existing registration for similar goods. An invented name, “Veritec”, tests reasonably but means little to customers.

They settle on “Precisa Inspection”, a suggestive name, with a tagline about food safety. The trade mark search shows no conflicting marks in their classes, the .com.au domain is available, and social handles are free. They register the business name, apply for the trade mark and secure the domains before announcing the business.

Common mistakes

  • Choosing a name before defining the brand.
  • Assuming business name registration protects the name.
  • Skipping the trade mark search, then facing a dispute after investing in signage and marketing.
  • Picking a name that limits future growth.
  • Choosing names that are hard to spell or pronounce.
  • Ignoring meanings in other languages or communities.

Frequently asked questions

Should I use my own name for the business? It conveys personal accountability and can suit professional services. It may complicate selling the business later, and it can be harder to protect as a trade mark if your name is common.

When should I apply for a trade mark? As early as practical, ideally before you announce the name publicly, because Australian trade mark rights are generally based on who files first for registration as well as on use. An early application also tells you quickly whether the name is likely to be accepted.

How much should I spend on naming? Many small businesses name themselves at little cost using the process above. Professional naming agencies suit businesses where the brand is central to value, such as consumer products. Always budget for trade mark registration.

Can I use a name if the .com.au domain is taken? Possibly, with a variation, but it can cause confusion and lost traffic. Check who holds the domain and whether they operate a similar business.

Summary

A good name is memorable, meaningful, distinctive, scalable and legally yours. Start by defining your brand values, target market, personality, goals, value proposition and the problem you solve. Explore different name types, generate a long list and test a shortlist against clear criteria and with real customers. In Australia, check business name availability with ASIC, search and register trade marks with IP Australia, secure domain names and social handles, and avoid misleading or restricted names. Remember that registering a business name does not give exclusive rights, and that a registered trade mark does.


Sources: small-business training notes on brand naming considerations and business methods, together with general Australian business registration and intellectual property information. Examples are illustrations. This article is general information, not legal advice.

Need practical engineering, manufacturing or process support? KEVOS can help move the work forward.