Naming a whisky brand

A name you cannot own is a liability

The first test is legal, not creative. In India, trademarks for alcoholic beverages other than beer fall in class 33 of the international classification. Before you fall in love with a name, search the Trade Marks Registry for identical and similar marks in class 33 and the neighbouring class 32 (beer and soft drinks). Similar sounding names in the same class are the usual reason an application is opposed.

Then search the markets you might export to. A name free in India may already be taken in the UK or the United States. Use a trademark attorney for the formal search and filing. Our guide to building a whisky brand without a distillery covers where naming sits in the wider brand plan.

Stay clear of protected names and places

Some words are off limits whatever you are willing to pay. "Scotch" is a protected geographical indication in India as well as in many other markets, so only whisky made in Scotland under Scotch rules may use it. Names, images and words that suggest Scotland (glens, tartans, Scottish place names) invite challenges. The Scotch whisky trade body is known for pursuing them in courts around the world.

The same caution applies to words like "bourbon" and "Tennessee", which describe products made in the United States under specific rules. An Indian whisky can be proud of where it comes from. A name built on Indian geography, history or language is both safer and more distinctive. Be careful with Indian place names too: some regional products are registered geographical indications in their own right. A town name may already be a trademark owned by someone else.

Five tests every shortlisted name should pass

• Say it. Can a bartender in Mumbai, a retailer in Delhi and a buyer in London pronounce it the same way after hearing it once?
• Spell it. Can someone who heard it type it into a search bar and find you?
• Translate it. Does it mean something unfortunate in Hindi, Tamil, Bengali or the language of your first export market?
• Stretch it. Will it still work on a twelve year old, a cask strength edition or a sherry finish? Names tied to one flavour or one age box you in.
• Own it online. Is the domain available? Are the social handles free?

We suggest scoring each name from one to five on every test. A name with any score below three goes, however much the founders like it.

Test the survivors on real people who buy whisky, not only on friends. Show each name on a plain white card, take it away and ask a day later which ones they remember. Memorability is hard to judge from inside the founding team, because you have all heard the names fifty times.

How Indian advertising rules shape the choice

Direct advertising of spirits is restricted in India, so brands often extend into other products such as soda, water or glassware to keep the name visible. The rules on these surrogate or brand extension products vary and are tightening, so get specific advice before you plan around them.

The practical lesson for naming: your brand will be seen far more on the bottle, the shelf and the bar menu than in any campaign. A name that is short, readable at shelf distance and distinctive in a row of 30 other bottles does much of the marketing work for you. Our guide to how blenders keep brands consistent explains why the liquid behind the name must stay the same too.

Register before you reveal

Founders often announce a name on social media, then file the trademark. Someone else files first. Register the mark in class 33, ideally before the name appears anywhere public. Register the domain and handles the same week.

Each state that sells your whisky also needs label and brand registration with its excise department, usually with fees and timelines that differ by state and change over time. The name on that registration must match your trademark exactly. A small spelling change between documents can delay launch in a state by months. Your licensing adviser should see the final name before the label designer does.

Think about the range as well as the first bottle. If the name is the distillery and each whisky gets a sub-name, both need checking. If one name covers everything, make sure it still reads well with an age, a cask type or the words "cask strength" next to it.

Pick the name that leaves room to grow

Your first step: write a long list of 30 names, cut it to ten with the five tests above and run a quick trademark search on all ten in class 33. Take the three that survive to an attorney for a full search. Only then show them to designers, investors or friends. A name that clears the law is worth more than one that wins a family vote.