Choosing a business name
Your business name is a fundamental part of your brand. Here’s where you’ll find tips and a great tool for deciding on that perfect name.
How to choose a name
Write a list of all the words you associate with your business. They could be about the products or services you want to provide, or the value of what you do.
You can make up words (Google, Facebook), join words together (YouTube), use phrases (Trade Me) or a name — your own (J Smith Plumbing) or invented (Häagen-Dazs).
There are certain names that are restricted or protected by legislation. View the full list here:
Names protected by legislation(external link) — New Zealand Companies Office
Brainstorm
If you’re struggling to find a name that fits the bill, try this technique:
- Find something to write your ideas on — a large wipeable board, a stack of Post-Its, or an online version of these. Use whatever works for you.
- Set a time limit, for example, five minutes, and write down every name that comes into your head, no matter how crazy or irrelevant they seem.
- Discard names you don’t like or don’t make sense for the business.
- Review what’s left and choose all the names you like.
- Repeat step 4 until you have a number you’d like to test, for example, six.
- Test your chosen names.
Test
If you have a name in mind but aren’t sure if it’ll be suitable, or can’t decide between several names, test them on people.
A simple and effective way to do this is an A/B test. You’ll need at least two names to try and some people to test:
- Take two names and ask people if they prefer A or B.
- Note the winner.
- Repeat stage 1-2 until you’ve tested all your names.
- Add up the scores and find the winner.
- If you still don’t like it, discard it and start again.
Register
Don’t forget to register your company. You’ll need to log in with RealMe to complete this.
Companies register(external link) — New Zealand Companies Office
Is your name available?
Once you’ve found the perfect name, the next step is to find out if someone has beaten you to the punch and registered it.
ONECheck is a free tool that checks the availability of business names, web domains and trade marks in one search.
Simply enter the name and click Search. If it is not already in use, from the results you can:
- reserve your business name
- register your domain name
- get started with your trade mark.
Is your business name available?
Use ONECheck to see if your business name, web domain and trade mark are available — it only takes one search.
Your registered business name can be different to your trading name.
If you use the same name as a registered company, especially one in the same field as you, they might have a case against you under the Fair Trading Act if they believe you are passing your business off as theirs. It’s best to use a name that hasn’t been registered with the NZ Companies Office if possible.
Intellectual property
Intellectual property (IP) protects the expression of your ideas. Those ideas worth protecting could include your company brand or slogan.
Your IP can be a huge part of the value of your business to a buyer, so it’s important to protect your business’s IP.
Some IP types apply automatically, for example, copyright and trade secrets. Other types need to be registered with the Intellectual Property Office of New Zealand (IPONZ), for example, trade marks, patents and designs.
Ways to protect your name, brand and ideas
Here are examples of ways you can protect your IP. Use several forms of protection to keep your IP even safer. Contact IPONZ if you have any questions.
Trade mark
Protection level: High
Registration effort: Low
Registration cost: Low
A registered trade mark is the best way to protect your name and brand. The protection can last forever if you renew every 10 years.
A registered trade mark:
- protects your brands in the marketplace
- is most commonly a word or a logo
- must be registered with IPONZ.
Helpful hint: You can’t register a word that is common in your industry. You could register the name ‘Milk’ as an architecture firm, but not for a milk product.
Trade marks(external link) — IPONZ
Helpful hint: Use ONECheck to check the availability of business names, web domains and trade marks in one search.
Trade secret
Protection level: Medium
Best practice is to not tell anyone about your secret recipe or process.
Helpful hint: Have good measures in place, such as confidentiality agreements and limiting staff access.
Copyright and other IP(external link) — Employment Agreement Builder
Copyright
Protection level: High
Copyright applies to original works, including images, song lyrics and digital content.
- You don’t have to register for copyright.
- It can protect for up to 50 years after your death, depending on the type of work.
Helpful hint: Keep records when you create the work. Use the copyright symbol ©, the name of the owner and the year the work was created.
Copyright(external link) — IPONZ
Copyright and other IP(external link) — Employment Agreement Builder
Company name registration
Protection level: Low
Registration effort: Low
Registration cost: Low
Your brand name is a big asset. Think about using it as your registered company name.
- Register with Companies Office.
- Renew annually.
Helpful hint: Use ONECheck to check the availability of business names, web domains and trade marks in one search.
Design
Protection level: Medium
Registration effort: Medium
Registration cost: Medium
A design registration protects the unique features of a shape, configuration, or pattern of an object.
Design registrations:
- apply to how things look
- must be registered with IPONZ
- can protect your design for up to 15 years.
Helpful hint: You can’t register a design if you’ve already gone public with your product, so watch your timing.
Designs(external link) — IPONZ
Patent
Protection level: High
Registration effort: High
Registration cost: High
A patent protects an invention, process, device or how something works.
A patent:
- applies to what things do, how they do it, or how they’re made
- must be registered with IPONZ
- can protect for up to 20 years.
Helpful hint: You can’t get a patent if you’ve already gone public with your invention, so watch your timing.
Patents(external link) — IPONZ
Web domain and social media
Protection level: Low
Registration effort: Low
Registration cost: Low
Your name is a big asset.
- Use it in a web address and on social media platforms so people can easily find you.
- License through a private web domain supplier.
Helpful hint: Use ONECheck to check the availability of business names, web domains and trade marks in one search.
Plant variety rights (PVR)
Protection level: High
Registration effort: High
Registration cost: High
For new types of plant.
Plant variety rights:
- must be registered with IPONZ
- can protect for up to 23 years.