A new year always brings new goals and for some people that means new businesses and brands! And to that I’ll always raise a glass because I’m all for people finally going after their dreams and pursuing the thing that they enjoy. 🥂

Even though there’s no greater risk than ditching your 9-5 and starting a business from scratch, I can personally say there’s also no greater reward. Yes, it takes a lot of work and a lot of time and sometimes even a lot of tears. But it can all be SO worth it when you finally achieve the thing you’ve been longing for.

For some, it’s time freedom. For others it’s more money in your bank account. For many it’s the ability to simply stay home with their kids and design your days exactly how you want. 

Whatever it is for you, I’m here to cheer you on every step of the way AND make sure that you’re building a brand that’s LEGALLY yours from the very beginning. 

You see, oftentimes when people set out to start a brand or business, they think about all of the fun, cute stuff first. Like the business name, logo, brand colors, website, etc. 

And while all of those things can for sure be important and are a big part of your brand, there’s some other things that need your attention too… and they aren’t always the most fun or exciting. 

But avoiding the not-so-fun parts of building a brand can get you into a lot of trouble down the road, so it’s best to start on the right foot and pay attention to these things NOW!

And I’m going to guide you through it. ⬇️

How To Choose Your Brand Name

First things first, let’s start with your brand name because everything else you do really does stem from this! There’s a chance you already have a name in mind and if so, that’s awesome, but I’ve gotta warn you… you might not be able to actually use that name for your brand. 🫣

I know, I know. I don’t want to be the bear of bad news, but choosing your brand name isn’t all fun and games. It’s actually one of the most important legal steps that you need to get right! 

Here are my top tips for legally choosing your brand name:

Aim for Originality

Your brand name needs to be unique, not just for marketing purposes, but also to avoid legal disputes. Using a name that’s too similar to an existing brand can lead to costly trademark infringement issues and trust me… that’s NOT something you want to deal with ever, but especially in the starting stages of your brand. 

💡Pro tip: Avoid overly general or descriptive words or phrases as these will be next to impossible to trademark. 

Avoid Overly Descriptive Names

Although it might seem counterintuitive, in addition to avoiding overly general or generic words or phrases, you also want to avoid overly descriptive names because again, those can be harder to trademark. 

Overall, trademark law favors names that are distinctive, so aim for something creative rather than literal.

Check for Trademark Availability

This step is a BIG one! Once you’ve brainstormed some ideas, it’s time to ensure your name isn’t already claimed by someone else because again, if the name is already trademarked and in use, you CAN’T use it. 

Conducting a trademark search is a critical step to avoid unknowingly stepping on someone’s legal toes and all you’ve gotta do is use the USPTO’s (United States Patent and Trademark Office) trademark database to search for registered and pending trademarks.

💡Pro tip: Don’t stop at exact matches! Also look for names that sound similar or have similar meanings, as these could still lead to a conflict.

Consider Domain and Social Media Availability

When you’ve conducted your trademark search and feel good about the name you’ve chosen, it’s time to consider domain and social media availability, because in today’s digital world, your brand name isn’t just a name – it’s your entire online identity.

It’ll be the thing that determines your website name and your social media handles, so before committing to a name, make sure you can secure the matching domain name and social media handles so you don’t run into any issues in the future!

💡Pro tip: Even if you’re not ready to launch your website or social media profiles, buy the domain and reserve the handles as soon as possible so that you know you have them when the time comes. 

Still struggling to think of a name for your brand? My naming workshop, The Name Game, with Katie Pannell teaches you how to come up with a creative name AND do a preliminary trademark search to see if it’s available! 

How (and When) To Trademark Your Brand Name 

With all of this trademark talk, you’re probably thinking, “WAIT! Trademarking?? Isn’t that something I’ll do later on?! Don’t I need an LLC first??”

Great question, so let’s talk about it!

Many people assume that you have to have an established LLC first, but the truth is that you can file a trademark as a sole proprietor without an LLC.

Though it’s not a requirement, forming your LLC does grant you a few benefits, with the biggest being protection against creditors seeking your personal assets, such as your house or your car.

Additionally, your state will not let two business entities share the same name. Under this rule, you can incorporate or form an LLC that allows you to stake your claim in your name in your home state and prevent other business entities from using it.

(Psst: if you aren’t sure how to go about creating your LLC, this free guide walks you through the process with ease!)

Another interesting thing to note is that you can file a trademark application before you ever even use the mark in commerce. Many people opt for this route solely to reserve the name beforehand!

While it’s true that trademark protection technically starts the moment you use your brand identifier in connection with what you sell, formally registering your trademark with the USPTO is important because it affords you a number of benefits, including:

• Public record of ownership, constructive notice, and legal presumptions
• Incontestable status after five years of registration
• USPTO refusing registration of confusingly similar marks
• Right to use the ® symbol
• Enhanced damages against counterfeiters
• Protection against cybersquatters
• Protection against the importation of infringing products
• Use in online sales platforms

When you’re ready to start the trademarking process, THIS blog post gives you a step by step!

Additional Resources for New Brands and Businesses in 2025

When you’re starting a new brand or business, it can feel like you have a never ending to-do list and while a lot of it is super fun and exciting, it can also get real overwhelming, realllll fast. 

With The Boutique Lawyer, it’s my hope to ease some of that overwhelm and help you navigate the legal side of your new business in a way that’s easy and approachable. 

So, as you embark on your business journey in 2025, here’s a few additional ways I can help:

⭐️ The New Business Bundle: an all in one contract template bundle for new business owners, including a Professional Services Agreement, Independent Contractor Agreement for Companies, Website Terms of Use, and Privacy Policy (here’s why all new businesses need these!)

⭐️ Must Read: 5 Mistakes New Businesses Make and How To Avoid Them

⭐️ Free Download: How to Start Your LLC

⭐️ The Legalzine: a monthly digital magazine designed to make legal compliance accessible, actionable, and (yes, really) fun for online entrepreneurs, coaches, and creative business owners.

As a subscriber, you get membership style legal education, PLUS training videos, PLUS templates, PLUS swipe copy, PLUS all the legal strategies you need to actually keep your business protected and set you up to scale safely!