How to Secure Your Business Name: A Complete Trademark Guide
Top 5 Trademark Mistakes Business Owners Make
- Relying only on state registration: State corporation registrations don’t provide nationwide brand protection.
- Confusing copyright with trademarks: Copyright protects artistic works, not business names or brands.
- Thinking it’s unnecessary: Many regret not trademarking when others use their name or logo.
- Not understanding trademarks: Trademarks are essential business assets in the U.S. market.
- 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:
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Applications often get rejected without proper guidance
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Mistakes can cost a year+ in delays
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Rebranding later is far more expensive
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Attorneys provide crucial usage advice
Important Disclaimer
This information is for educational purposes only. We are not attorneys. For specific legal advice:
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Consult a trademark attorney
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Visit USPTO.gov for official information
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Each business has unique trademark needs
Have questions? Contact us – we welcome your comments!






