Choosing a business name

Choosing a name for your business can be a time-consuming and challenging process. If you don’t use your own name, the name you choose should have the following qualities:

• Be memorable
• Be unique
• Be easy to pronounce
• Clearly communicate what your business does.

Tips on developing your unique selling point

Give ONECheck a try to check the availability of your business name, web domain, trade mark, and social media usernames with just one search.

You have various options for your business name, such as using made-up words (like Google or Facebook), combining words (like YouTube), using phrases (like Trade Me), or using a name – either your own name (like J Smith Plumbing) or an invented one (like Häagen-Dazs).

If you’re having trouble coming up with a suitable name for your business, you can try this method:

1. Get a large erasable board or a stack of sticky notes to write your ideas on.
2. Set a time limit, such as five minutes, and write down every name that comes to mind, no matter how odd or unrelated they may seem.
3. Eliminate names that you don’t like or that don’t make sense for your business.
4. Review the remaining names and choose the ones you like.
5. Repeat step 4 until you have a handful of names to test, eg six.
6. Test your chosen names.

Perform a comprehensive background check on the names you have shortlisted. Be careful not to choose names that are too similar to those already in use, as this could lead to legal issues.

Use ONECheck

If you’re uncertain if your chosen name is suitable or if you’re stuck between multiple options, consider testing them on people.

One simple and effective way to do this is by conducting an A/B test. You’ll need at least two names to compare and some people to test them on:

1. Take two names and ask people to choose which they prefer, A or B.
2. Note down the winner.
3. Repeat steps 1 and 2 until you’ve tested all your options.
4. Add up the scores and determine the winner.
5. If you’re still not satisfied with the result, discard it and start over.

After you have selected the ideal name for your business, the following step is to check if it has already been registered by someone else.

ONECheck is a tool available for free that allows you to check the availability of business names, web domains, and trademarks in one go.

All you need to do is enter the name you have in mind and click “Search”. If the name is not already in use, the results will show you that you can:

• Reserve your business name
• Register your domain name
• Get started with your trademark.

ONECheck

Your official business name can be separate from the name you use for trading purposes.

You have the freedom to choose any name for your trading name (the name you use publicly), but it’s important to ensure that you don’t violate any trademarks or use restricted words.

If you choose a name that’s the same as a registered company, especially one in the same industry as yours, they may take legal action against you under the Fair Trading Act if they suspect that you are trying to pass your business off as theirs. It’s advisable to use a name that hasn’t been registered with the NZ Companies Office if it’s possible.

Check out these examples of how you can safeguard your intellectual property (IP). To enhance your IP’s safety, consider using multiple protection methods. Don’t hesitate to contact IPONZ if you have any queries.

• low registration effort
• low registration cost
• high protection level

Getting your trade mark registered is the most effective means to safeguard your brand and name. The protection can endure indefinitely if you renew it every ten years.

Useful tip: You can’t register a word that’s commonly used in your industry. For example, you can register the name ‘Milk’ for an architectural firm, but not for a milk product.

• Provides protection for your brand in the commercial world.
• Typically a term or logo.
• Register with IPONZ.

Trade marks — IPONZ

Handy tip: Utilise ONECheck to search for the availability of trade names, web domains, and trademarks all at once.

ONECheck

• Moderate level of protection

It is advisable to refrain from disclosing your confidential recipe or process to anyone.

Useful tip: Implement robust measures, such as confidentiality agreements, and restrict access to staff members to enhance the protection of your trade secret.

Copyright and other IP — Employment Agreement Builder

• High level of protection

Covers original works, such as images, song lyrics, and digital content.

• There is no need to register it.
• The protection can last for up to 50 years after the creator’s demise, depending on the nature of the work.

Useful tip: Maintain records of when you produce the work. Incorporate the copyright symbol ©, the name of the owner, and the year the work was created.

Copyright — IPONZ

Copyright and other IP — Employment Agreement Builder

• low registration effort
• low registration cost
• low protection level

Your brand name is a valuable asset. Consider using it as your registered company name.

• Register with the Companies Office.
• Renew on an annual basis.

Useful tip: Use ONECheck to search for the availability of trade names, web domains, and trademarks all at once.

ONECheck

• Moderate registration process
• Moderate registration fees
• Moderate level of protection

Covers the unique visual appearance of a new product.

• Aesthetics and visual appeal.
• Register with IPONZ.
• Can provide protection for up to 15 years.

Useful tip: If you have already introduced your product to the public, you cannot register its design. Hence, be mindful of the timing.

Designs — IPONZ

• high registration effort
• high registration cost
• high protection level

Covers functional inventions or processes.

• What things do, how they do it, or how they are manufactured.
• Register with IPONZ.
• Can provide protection for up to 20 years.

Useful tip: If you have already made your invention public, you cannot obtain a patent. So, be mindful of your timing.

Patents — IPONZ

• low registration effort
• low registration cost
• low protection level

Your name is a valuable asset.

• Incorporate it in your web address and social media profiles to make it easy for people to locate you.
• Obtain a license from a private supplier.

Useful tip: Use ONECheck to search for the availability of trade names, web domains, and trademarks all at once.

ONECheck

• high registration effort
• high registration cost
• high protection level

Covers new plant varieties.

• Register with IPONZ.
• Can provide protection for up to 23 years.

Plant variety rights — IPONZ