Did you know that there are more business disputes about trademarks than copyrights and patents combined?!

The reason for this is typically because copyright infringement is cut-and-dry enough that disputes rarely go to court, and patent infringement is so complex that “garage” inventors commonly cannot even afford the application process, let alone file a lawsuit. 

So why are people fighting over trademarks in the first place?

Well, to put it simply, your brand is often the most valuable asset your company can have and when a competitor tries to use your name or your logo, it often feels like they’re stealing a piece of you.

As a trademark lawyer for small business owners, the thing I wish more people knew is that we could have a lot less trademark lawsuits IF people would go about the trademarking process correctly in the first place. 

Filing for a trademark is one of those “serious” business things that you ideally wouldn’t DIY – that’s why people like me exist!

But for the ones who do want to navigate these waters on their own, I can at least provide a few resources to help you out along the way.

So, if you’re thinking about giving trademarking a go on your own, make sure you avoid these top 5 mistakes that I see small business owners making ALL the time!

Top 5 Trademarking Mistakes That Small Business Owners Make

1. Assuming Your LLC Name Is Enough

Repeat after me: your LLC does not equal your trademark!

A lot of business owners think that because they registered their business name with the state as an LLC, they’re automatically protected and unfortunately, that’s not the case.

Registering your LLC is just permission to operate under that name in your state. It doesn’t give you exclusive rights to the name across the country. Only a federal trademark through the USPTO offers that broader protection!

💡THE SOLUTION: If your business name is central to your brand and you want to prevent others from using something similar, a trademark is the best way to claim ownership and protect it nationwide.

(P.S. Not even sure how to go about creating your LLC? I’ve got ya there too!)

2. Not Conducting a Thorough Trademark Search Before Filing

Let me guess… you came up with the perfect name for your business, it feels like “you,” and the Instagram handle is available. WHOO HOO! 

So you file your trademark application… and it’s REJECTED?! What gives?!

Well, just because you choose a brand name because it’s available on Instagram or because you’re able to get the domain you want, does NOT mean that you’re golden when it comes to the trademarking process. 

Which means that you could have the perfect name for your brand or business, be using the Instagram handle, and even have the website domain for it, but someone else might already have a registered trademark for something similar. 

💡THE SOLUTION: Before you file, dig deeper than just Google and conduct a proper trademark clearance search using the USPTO’s basic search tool. Ideally, you would also consult with a trademark lawyer to help you assess the risk of confusion with other marks and increase your chances of approval!

3. Waiting Too Long To File

Let’s say you’ve spent months (or maybe even years) building your brand. You’ve built your website (and maybe even redesigned it a time or two), been selling your products or services, and have been operating as a pretty successful business for quite some time. 

While there might not be any obvious issues about this, without having a trademark in place, all of that effort could be at major risk! Waiting too long to file for your trademark means you risk someone else registering a similar name before you do.

And if that happens, you may have to rebrand entirely… wasting money, time, and the momentum you’ve built.

💡THE SOLUTION: Don’t wait until everything is “perfect” or fully launched to file for your trademark.

As soon as you’ve committed to your brand name and started building assets around it, talk to a trademark lawyer about when to file. It’s often worth getting your application in early to avoid losing everything to a costly rebrand down the road!

4. Not Prioritizing the Right Assets

Many business owners assume that trademarking their business name is enough, but the truth is, the name of your LLC may not even be your most valuable brand asset.

While it’s true that the name of your business and your logo are brand assets that should be trademarked, there are often other parts of your business that should be prioritized in the trademarking department as well.

Things like:

• course, program, workshop, or membership name 
• podcast name or even signature podcast titles
• signature offer names
• newsletter name
• flagship product names 
• bestselling digital product(s)
• branded methodology

And I know what you might be thinking… “sheesh! That’s a lot of things to trademark.” And you’re right, the “things to trademark” list can for sure get lengthy as a business owner, so here’s my best rule of thumb on knowing what to prioritize:

Beyond your actual business name and your logo (because those are often a given), think about what brand assets have the most impact. Which products or services drive at least 80% of revenue for your business? Identify those and make them a priority for trademark. 

And then ask yourself: what other brand assets do I have that I would be sad to change if I had to? Meaning, if someone trademarked the name of something before you and you were forced to change it, how would you feel?

There will be some things in your business that you aren’t emotionally attached to and maybe those don’t make it on the priority list. But there will be others that you would be realllyyyy upset to say goodbye to. Focus on those!

💡THE SOLUTION: create a punch list of your most valuable assets based on my rule of thumb above, then begin the trademark process for each one strategically.

5. Cute but Weak Name

Many creative business owners are really good at creating cute and catchy names for their brand and while that can be totally fine for social media purposes, those names are typically too weak for trademarking purposes. 

Typically names like this are a little too overly descriptive, such as “The Skincare Shop” or “The Coaching Collective” make it nearly impossible to protect. 

Why? Because trademarks are meant to identify the source of a product or service, not just describe what it is.

In the trademark world, names are looked at on a spectrum: generic → descriptive → suggestive → arbitrary/fanciful.

The strongest, most protectable names are on the suggestive or fanciful side! Think “Nike” for athleticwear or “Slack” for a messaging platform. These names aren’t just describing what the business is or what the product or service does. The names instead build a brand!

💡THE SOLUTION: Don’t just settle for cute and catchy names and hope that they’ll pass the trademark test. Choose something that builds your brand as a whole!

And if you’re having trouble naming your business or offers, check out The Name Game – a 90-minute workshop replay co-taught by Katie Pannell, Naming Strategist and Founder of 26&thensome, and yours truly!

In the workshop you’ll learn how to choose a trademark-ready name that’s creative, strategic, and strong enough to stand on its own!

Need a hand with trademarking your small business?

Overall, your brand is one of your most valuable business assets. Taking the time to file your trademark correctly (and at the right time!) can help you avoid costly mistakes and protect what you’re building for the long run.

So while you could absolutely use this blog post and go on your merry way to DIY the trademarking process, my best advice is to work with someone who knows exactly what they’re doing so you can get it done correctly the FIRST time!

At The Boutique Lawyer, I have various trademark packages for you to choose from based on where you’re at in your business and where you plan to go.

So, if you’re ready to start protecting your business and brand, CLICK HERE to learn more and schedule your consultation.

__________________________________________________________________________

If you like what you just read and want more cool lawyer things in your life, here’s a few ways to stay connected:

Let’s be pen pals! Subscribe to my email list to receive all of my best biz tips and behind the scenes goodies to keep your business bringing in sales (legally of course).

Binge the blog to get all of the legal information you need about running a business in a way that actually makes sense to your non-legal brain.

Come hang with me on the ‘gram! I often do AMA’s on stories, so you can submit your specific questions when they come up.

And if you’re in need of legal resources that you can ACTUALLY understand? Here’s a few ways I can help:

Step into TBL’s free library of legal resources for creative entrepreneurs where we throw open the doors and spill the tea on what works and what doesn’t when it comes to legal protection, systems and sales.

Browse the contract template shop to find what’s missing in your biz and easily implement it with a plug and play template!

Need something else? Send me a DM! Always happy to lend a legal hand when I can.