So...it's a grey area. I would check to make sure the name isn't trademarked and the .com domain name isn't linked to a product similar to yours (especially one that's well known).
1.) You don't want to get sued.
2.) You don't want to build brand awareness, authority, and equity for someone else.
For example, let's say I were to create a product called Convert Kit, and let's assume the ESP Convert Kit is NOT trademarked. (It probably is though.) Let's say my Convert Kit SaaS is to help people create AI-based landing pages and sales pages to convert their audience and I also sell templates in a kit. (Best I can come up with at 10am that still kinda makes sense lol.)
In this example, I wouldn't use Convert Kit as the name or get a domain like convertkit(dot)ai because CK is a very well-known brand name in the SaaS space, and it would only lead to brand confusion. I'd have to fight against CK's domain authority to have a shred of opportunity to even rank on Google, and I'd be constantly saying, "No, not that Convert Kit; here's what this does."
To me, it's not worth it.
So you have some research to do and hard decisions to make. Always, ALWAYS check trademark status before doing anything because you'll otherwise waste time, energy, and money -- plus opening yourself up for massive legal risk. Just do your due diligence; it's not hard. Talk to a lawyer if you don't know how to look up TMs. Then do a cost-benefit analysis to see (1) how similar the products/brands are and (2) how established are they (and can you outrank them to earn that brand equity).
I've been making sure in all cases that the proposed names don't come up with anything of note in Google to avoid the risks above, but that would indeed be an easy trap to fall into, and would suck!
Is there a way to check trademark status globally, or conveniently that you know of?
You're welcome! We don't know what we don't know, so it's always worth mentioning to people. I know I sure didn't know a lot about this stuff, even after almost 10 years freelance writing 😹 I'm a lot more mindful about trademark, copyright, and brand equity issues, though, so I try to keep that top of mind for others.
Also, you bet! Here are my favorite resources to check. There's no real international database (yet -- why not, I don't know!) that's totally comprehensive, so I like to check a few sources.
If it doesn't come up with either of these, you're probably in the clear. I'd consult a lawyer about it, though, just to make sure, once you're ready to take that leap.
You're welcome! They're bookmarked for easy access because before I do any brand strategy work for clients, I have them take a few seats while I double-check their brand name, just in case (since most newbies don't think about TM infringement).
Also, I've had a personal friend who got trapped in this, except she had created a whole brand but never made it officially legal and someone swooped under her, trademarked the name first, sent my friend a cease & desist, and there was nothing my friend could do. She lost literally everything overnight and had to immediately rebrand.
(I helped her with the PR and rebrand, and we fortunately were able to not only save her audience but grow it BECAUSE the way we told the story strengthened her positioning. But still -- tragic it happened at all.)
People are really out here being shady, and it's not cute.
(This was in the online coaching space and the woman who swooped her brand name was in her community, by the way. It got pretty ugly for a while.)
The biggest piece of advice: Protect yourself and your assets (including intellectual property) at all costs.
So...it's a grey area. I would check to make sure the name isn't trademarked and the .com domain name isn't linked to a product similar to yours (especially one that's well known).
1.) You don't want to get sued.
2.) You don't want to build brand awareness, authority, and equity for someone else.
For example, let's say I were to create a product called Convert Kit, and let's assume the ESP Convert Kit is NOT trademarked. (It probably is though.) Let's say my Convert Kit SaaS is to help people create AI-based landing pages and sales pages to convert their audience and I also sell templates in a kit. (Best I can come up with at 10am that still kinda makes sense lol.)
In this example, I wouldn't use Convert Kit as the name or get a domain like convertkit(dot)ai because CK is a very well-known brand name in the SaaS space, and it would only lead to brand confusion. I'd have to fight against CK's domain authority to have a shred of opportunity to even rank on Google, and I'd be constantly saying, "No, not that Convert Kit; here's what this does."
To me, it's not worth it.
So you have some research to do and hard decisions to make. Always, ALWAYS check trademark status before doing anything because you'll otherwise waste time, energy, and money -- plus opening yourself up for massive legal risk. Just do your due diligence; it's not hard. Talk to a lawyer if you don't know how to look up TMs. Then do a cost-benefit analysis to see (1) how similar the products/brands are and (2) how established are they (and can you outrank them to earn that brand equity).
Solid answer, thanks!
I've been making sure in all cases that the proposed names don't come up with anything of note in Google to avoid the risks above, but that would indeed be an easy trap to fall into, and would suck!
Is there a way to check trademark status globally, or conveniently that you know of?
You're welcome! We don't know what we don't know, so it's always worth mentioning to people. I know I sure didn't know a lot about this stuff, even after almost 10 years freelance writing 😹 I'm a lot more mindful about trademark, copyright, and brand equity issues, though, so I try to keep that top of mind for others.
Also, you bet! Here are my favorite resources to check. There's no real international database (yet -- why not, I don't know!) that's totally comprehensive, so I like to check a few sources.
If it doesn't come up with either of these, you're probably in the clear. I'd consult a lawyer about it, though, just to make sure, once you're ready to take that leap.
Awesome resources, thanks for taking the time to do that!
You're welcome! They're bookmarked for easy access because before I do any brand strategy work for clients, I have them take a few seats while I double-check their brand name, just in case (since most newbies don't think about TM infringement).
Also, I've had a personal friend who got trapped in this, except she had created a whole brand but never made it officially legal and someone swooped under her, trademarked the name first, sent my friend a cease & desist, and there was nothing my friend could do. She lost literally everything overnight and had to immediately rebrand.
(I helped her with the PR and rebrand, and we fortunately were able to not only save her audience but grow it BECAUSE the way we told the story strengthened her positioning. But still -- tragic it happened at all.)
People are really out here being shady, and it's not cute.
(This was in the online coaching space and the woman who swooped her brand name was in her community, by the way. It got pretty ugly for a while.)
The biggest piece of advice: Protect yourself and your assets (including intellectual property) at all costs.