What They Don’t Tell You About Trademarking Your Brand

How to Legally Protect Your Brand - A No-Nonsense Guide to Trademarking

Protect Your Brand: Discover the Hidden Risks of Not Trademarking with Expert Insights.

Most Business Owners Get This Wrong—Here’s How to Do It Right

Let’s get one thing straight: a trademark is NOT just a fancy legal stamp on your logo. It’s the shield that protects your brand from getting hijacked.

And yet, most entrepreneurs either (1) don’t bother registering it, or (2) do it completely wrong.

Today, we’re cutting through the noise and breaking down exactly what trademarks are, why you actually need one, and how to get it done without wasting thousands on lawyers.

Let’s dive in.

What Is a Trademark and Why Should You Care?

A trademark is any word, phrase, symbol, or design that identifies and differentiates your business from the competition.

Think: Nike’s Swoosh, Apple’s bitten apple, or McDonald’s golden arches.

But here’s what most people don’t realize:

🔹 You don’t need to register a trademark to have legal protection. 

🔹 Simply using your business name or logo in commerce gives you “common law” ownership rights. 

🔹 But common law protection is weak—it only applies in your local region.

Translation: If you’re running a bakery in New York, someone in California can start a bakery with the exact same name and you can’t do a damn thing about it.

Solution? Federal trademark registration.

Registering your trademark with the U.S. Patent and Trademark Office (USPTO) gives you nationwide protection and the power to:

✅ Stop copycats—legally force them to rebrand. 

✅ Sue infringers in federal court (instead of wasting time in local battles). 

✅ Block counterfeiters from using your brand name. 

✅ Protect your domain name from shady “domain squatters.”

Bottom line: If you’re serious about your brand, you need a federal trademark.

Not All Trademarks Are Created Equal: Strong vs. Weak Trademarks

Not every brand name or logo gets approved. Some are too generic or too descriptive to be legally protected.

Here’s the hierarchy of trademarks (from weakest to strongest):

Generic Marks (Weakest) → You CAN’T trademark common industry words.

Example: You can’t trademark “Water” if you sell bottled water.

Descriptive Marks (Weak) → You CAN’T trademark words that merely describe your product.

Example: “High-Definition” for TVs—too broad.

Suggestive Marks (Strong) → Hints at the product, but doesn’t describe it outright.

Example: “Airbnb” suggests lodging but doesn’t outright say “rentals.”

Arbitrary Marks (Stronger) → Common words used in unexpected ways.

Example: “Apple” for computers—apples have nothing to do with tech.

Fanciful Marks (Strongest) → Completely made-up words.

Example: “Nike” or “Google”—unique and unmistakable.

Pro tip: If your brand name is too descriptive, make it unique before trying to trademark it.

How to Trademark Your Business Name (Step-by-Step)

Step 1: Check If Your Name Is Available

Before you spend time (and money) filing, make sure no one else owns your trademark.

Use the Trademark Electronic Search System (TESS) → USPTO.gov 

Search for your name and similar variations. 

If it’s already registered in your industry, pick a new name.

Warning: Just because a name isn’t registered doesn’t mean you’re safe. Someone with common law rights in your industry can still challenge you.

Step 2: Determine Your Filing Basis

When applying for a trademark, you must choose one of these legal bases:

“Use in Commerce” Basis → You’re already using the name/logo in business. 

“Intent to Use” Basis → You haven’t started using it yet, but plan to soon.

Pro tip: If you choose “Intent to Use,” you’ll have to submit proof of usage later to complete your registration.

Step 3: File Your Trademark Application

Go to the USPTO website and file your application online.

You’ll need to provide: 

✅ Your business name or logo 

✅ The category of goods/services 

✅ Proof of first use (for “Use in Commerce” basis) 

✅ A $250-$350 filing fee per class of goods/services

Step 4: Wait (and Watch for Oppositions)

After filing, a USPTO examiner reviews your application.

Timeline: It takes 6–16 months for approval. 

Oppositions: Others can challenge your application if they believe it’s too similar to their brand.

If no one opposes and the USPTO approves it…

You get your registered trademark!

What You CANNOT Trademark (No Matter What)

Some trademarks will always get rejected:

Generic words (e.g., “Ice Cream” for an ice cream shop) 

Existing trademarks (e.g., trying to trademark “Domino’s” for pizza) 

Names too similar to existing trademarks 

Government symbols (e.g., U.S. flag, police badges)

If your application gets rejected, you wasted your time and money. So make sure your trademark is strong before you file.

Final Thoughts: Should You DIY or Hire a Lawyer?

DIY Approach ($250–$350 per filing) → If your trademark is simple and unique, you can file it yourself at USPTO.gov.

Hire a Lawyer ($1,000–$3,000) → If your name is complex or might face opposition, hire an attorney. A rejection can cost you way more in the long run.

Bottom Line: If you’re building a real brand, trademark it NOW before someone else does.

Have questions? Drop them in the comments. Hit ‘like’ if this saved you thousands in legal fees. 

Protect Your Brand Before It’s Too Late.Don’t risk losing your name, logo, or identity. The Spencer Law Firm helps businesses secure bulletproof trademarks—without the legal headaches.

Get a FREE Trademark Strategy Call Today.