Trademarks 101: What Every Creative & Entrepreneur Needs to Know
Imagine pouring your heart into building a brand—only to get hit with a cease and desist letter because someone else legally owns your business name.
It happens more often than you’d think. A lot of business owners assume that registering an LLC is enough to lock down their name, but without a trademark, someone else can still claim it—and force you to rebrand.
So, how do you protect your business? Let’s break it down.
What is a Trademark?
A trademark is legal protection for your business name, logo, slogan, or even a signature product name. It stops others from using branding that’s too similar and could confuse customers.Examples of Trademarks:
• Nike® (brand name)
• Just Do It® (slogan)
• Apple® logo (visual brand identity)
A trademark helps set your business apart—and gives you legal standing to stop copycats.
Why Trademark Your Business Name?
-Protect Your Brand Identity – Keep competitors from using a similar name or logo.
-Avoid Costly Legal Disputes – Stay ahead of potential lawsuits or expensive rebrands.
-Increase Business Value – A registered trademark is an asset that can add value if you ever sell or franchise your business.
Common Trademark Myths (Debunked!)
“I have an LLC, so my name is protected.” → Nope. An LLC only protects your business name in your state—it doesn’t give you exclusive nationwide rights.
“I bought the domain, so I own the name.” → Owning a website domain doesn’t stop someone else from trademarking the name and forcing you to give it up.
“I can trademark a common phrase.” → Not quite. Your name or slogan has to be unique—it can’t be too generic or widely used.
How to Register a Trademark
Search the USPTO Trademark Database (uspto.gov) to check if your name is available.
File a trademark application with the United States Patent and Trademark Office (USPTO).
Work with a trademark attorney to make sure your filing is done right (and avoid delays).
If your brand is growing, protecting it with a trademark is a smart move. It gives you long-term security and peace of mind.
Need help with trademarks? Ipanema Law Group specializes in protecting business owners, creatives, and entrepreneurs. Let’s chat!
