Thinking of a brand for your business can be difficult. Choosing a brand that can be registered as a trademark even more so. Use this guide to help create a brand.

Choosing a trademark

Thinking of a brand for your business can be difficult. Choosing a brand that can be registered as a trademark even more so. Use this guide to help create a brand.

Thinking of a brand for your business can be difficult. Choosing a brand that can be registered as a trademark even more so. Use this guide to help create a brand.

The Why

Analyse 'why' your business exists, what the brand will represent, your target markets, goals and values.

 

Brainstorm

Generate brand name ideas without any filtering or prejudice. Use any source of ideas, e.g. in-house staff – (particularly marketing staff),design agencies, family members and so forth.

You can use linguistic techniques such as:

  • symbolism;
  • analogy;
  • compound words (joining two ormore existing words);
  • onomatopoeia;
  • composition;
  • synonyms;
  • abstraction.

Refine and filter

Assess each brand individually to determine if it is:

  • memorable
  • distinctive, original and unique
  • pertinent to the product target market
  • associated with positive or negative connotations
  • capable of being an independent brand or does it need supporting material
  • possess potential longevity
  • succinct
  • easily pronounced
  • suitable for wide range of communications media
  • linked with other words/phrases in colloquial use
  • check relevant meanings if brand is to be used in with different cultures and languages
  • registrable as a trade mark in New Zealand and overseas, i.e. see below.

Source independent opinion

Objectivity is important. Conduct market research appropriate to your budget, timeframe, and marketplace characteristics.

 

Registerability of your brand as a trade mark

To be registrable as a trade mark in most countries, the brand cannot be:

  • directly describing the type, quality or kind of the goods or services used with the trade mark;
  • common surname;
  • laudatory;
  • a geographical name;
  • offensive;
  • against law or morality;
  • deceptive;
  • suggesting Royal Patronage.

Search

Perform a trade mark availability search to determine if the same or similar brand is already being used.