Why I Check a Product Name Before Writing Too Much Code
In my original article, I recommended registering a name and logo quickly. That version mixed several rights together and implied that a simple search was enough.
I now treat the name as a product decision that needs to be checked before I invest in code, design, and communication. This process is not legal advice. It helps identify visible conflicts early and prepares a better-informed discussion with a qualified professional.
An Available Domain Does Not Clear the Name
A domain, social account, company name, and trade mark belong to different systems. Obtaining one does not automatically grant rights over the others.
I start by defining the product, intended users, and territories where it will be offered. The same word may coexist in unrelated activities, while a similar name in the same sector may create a problem.
I Search for Real Uses
I search for the exact name and its variants:
- nearby spellings;
- plural and compound forms;
- similar pronunciations;
- translations in market languages;
- domains and social accounts;
- applications, software packages, and public repositories;
- companies and products in the same sector.
I record the results instead of relying on memory. A dated capture, URL, territory, and relevant activity make the decision easier to review.
This search can reveal a non-legal problem too. A name may be available but difficult to find, often misspelled, or strongly associated with an unrelated subject.
I Check the Registers for the Intended Territory
For Belgium, the Netherlands, and Luxembourg, the Benelux Office for Intellectual Property manages Benelux trade marks.
For activity across several European Union countries, the EUIPO search tools provide access to TMview and data from participating offices. EUIPO explains that a trade mark protects defined goods and services. I therefore check the sign, territory, and relevant categories, not only a string of text.
For France, the INPI trade mark database provides an initial search. INPI states that its results are informative and that an identical-name search does not replace a similarity analysis.
For a broader search, the WIPO Global Brand Database covers several collections. WIPO also advises checking the relevant national or regional registers.
Finding nothing in one database does not mean the name is clear. Earlier rights, similarities, and territories require analysis for the actual project.
I Define the Scope Before Filing
I describe what the product does today and what it may reasonably offer next. A list that is too narrow may fail to cover the activity. A very broad list can add cost and conflicts without useful protection.
EUIPO provides TMclass to search accepted terms for goods and services. I use it to prepare the vocabulary, then have the selection reviewed when the decision matters to the business.
I Decide Before Change Becomes Expensive
I perform this check before the final logo, store screenshots, commercial documents, and data migrations. At that point, abandoning a name is unpleasant but possible.
Later, a change affects the domain, email addresses, packages, application identifiers, documentation, contracts, inbound links, and user habits.
I retain a short decision record:
- name and variants searched;
- product and audience;
- intended territories;
- proposed categories;
- conflicts found;
- professional advice obtained, when needed;
- decision and review date.
A good name is not worth months of lost work. An early search cannot guarantee that no conflict exists, but it prevents me from building an identity on assumed availability.
Pierre-Henry Soria
#Product Naming #Trade Marks #Startups #Product #Domains #Intellectual Property