Naming and trademarks are a HUGE pain for new business owners.

If you're starting a company, buying a #SMB via #ETA, founding your first #startup, or just a lurker on #SMB twit, here's a helpful guide on the ins and outs of names. 👇🏼

Is your biz B2B or B2C?

If B2B, your name probably doesn't matter much. You'll want something unique, but go take a look at any big B2B business and you'll see sexy names ≠ killer brands. Look at top market cap companies: Johnson & Johnson, Saudi Aramco, Berkshire Hathaway...

For B2B, pick a name that works. Get the trademark, own the URL, and forget about it. @a16z is a fine name because normal people don't need to remember it.

In B2C, BRAND MATTERS. We live in a world of slick design people want to remember. The rest of this thread is for you.

Big consumer brands all have great, trademarked names and URLs: Apple. Tesla. Amazon. Meta. Visa.

Short. Sweet. Simple. Sexy.

It's really hard to build a great consumer brand without a good name.

But Finding and owning a great name is a HUGE pain.

Trademark 101: you can use any name you want for anything, but if you infringe on someone else's mark, they can sue you to stop and for damages. Don't own a mark - someone can start using your name and you can't do much about it.

In most industries, someone has already used and trademarked the obvious names. Even in the late 90's and early 2000s, countless internet companies came up with the weird names we know today: Uber, Facebook, Google, because trademarks for things like "Apple" were taken.

I own dog daycares...good luck finding a dog pun you can trademark. I've spent the better part of two years and a lot of legal bills looking for a name we can own. Here's how to start your search:

Start with google. If you can't find a co with your name, you might be in luck. Try to buy the domain or some derivative of it on godaddy.com. For consumer businesses, the .com helps, but you can add articles or the name of your service. "THEdogs.com"

From there, the USPTO is your friend (sorta...they'll take 12 months to reply to applications). Search their database for existing or similar trademarks. https://www.uspto.gov/trademarks/search.

If you can't find anything, you might be closer to getting a name you can use.

At this point, I HIGHLY recommend engaging an IP attorney. Big fan of https://stantoniplaw.com/ but I bet @SMB_Attorneyhas some great recs. I've filed many trademark applications on my own...I wish I hadn't. Using a good IP attorney will save you time, money and heartache.

The Attorney will run a more formal search and help you prep your application. Then, enjoy a 9-12 month wait time to see if you're approved.

In the interim, you can start using your name if you have a high degree of confidence you're not infringing on anyone else's trademark. But careful...if you do, you could get sued by the mark holder.

I've used a mark while waiting for approval from the USPTO and waited to use a mark until we had approval. What's best for you depends on your situation. It's also worth asking the lawyers about "common law rights" which I'm not smart enough to explain.

You can also use your name: "Tay Walls' Dogs" - that mitigates anyone saying you're infringing on a mark. Sometimes the path of least resistance is best for #SMB. But remember, sexy names are helpful.

What's ultimately most important is understanding if you need brand equity and the paths to build it. Finance pros will remember "Berkshire Hathaway" - normal people/retail investors are more likely to remember @Fidelity.

If you're operating locally, in a relatively confined single state geography, "Bob's Tacos" will probably get you where you need to go. If you want to go global, you need @chipotle.

Finally, don't pay someone else to help you come up with a name. You're smart enough to figure this out and branding agencies will run the same google searches and brainstorming sessions you can do on your own.

Naming is hard - if you're B2B don't stress it. If you're B2C do the work, but be smart about it. And if you liked this thread, give me a follow @taywall.

PS. Not a lawyer, not legal advice, go hire a good one.