How to Secure Your Business Name: A Complete Trademark Guide

Top 5 Trademark Mistakes Business Owners Make

1. Relying only on state registration: State corporation registrations don’t provide nationwide brand protection.

2. Confusing copyright with trademarks: Copyright protects artistic works, not business names or brands.

3. Thinking it’s unnecessary: Many regret not trademarking when others use their name or logo.

4. Not understanding trademarks: Trademarks are essential business assets in the U.S. market.

5. Assuming it’s too expensive: Trademark registration costs far less than infringement litigation.

What Is a Trademark?

A trademark is intellectual property that identifies your products/services and distinguishes them from competitors. Service marks protect services specifically.

Key requirements:

• Must be distinctive (not descriptive)

• Shouldn’t describe your products directly (e.g., “Best Shirts” for a t-shirt business)

• Must be original and unique (e.g., “FishSplash” for a t-shirt business)

Always conduct a trademark search or consult an attorney before filing.

What Can You Trademark?

• Business name

• Slogan

• Marketing terms

• Domain name

• Logo

• Brand colors

How to Trademark Your Business

While DIY trademark filing is possible, we strongly recommend consulting a trademark attorney because:

• Applications often get rejected without proper guidance

• Mistakes can cost a year+ in delays

• Rebranding later is far more expensive

• Attorneys provide crucial usage advice

Important Disclaimer

This information is for educational purposes only. We are not attorneys. For specific legal advice:

• Consult a trademark attorney

• Visit USPTO.gov for official information

• Each business has unique trademark needs

Have questions? Contact us - we welcome your comments!