Starting a small business is exciting—you’re building something from the ground up, creating a brand, and making a name for yourself in your industry. But one of the most overlooked (and costly) mistakes small business owners make is failing to trademark their brand.
Skipping this step might not seem like a big deal at first, but it can turn into a nightmare if another company trademarks a name similar to yours and serves you with a cease-and-desist letter. Imagine being forced to change your business name overnight, losing all the brand recognition you’ve worked so hard to build.
A Real-World Example of a Costly Oversight
I’ve seen this happen multiple times. One company built a strong reputation over the years with its brand name. Then, another business entered the market with a similar (not even identical!) name. Since the original company never filed for a trademark, the new business legally registered the name and sent them a cease-and-desist letter.
The consequences? The first company lost the right to use its own name. They couldn’t even tell customers, “We used to be [old name], and now we’re [new name].” No marketing materials, no website banners or ads to explain the transition—nothing. They had to start over completely.
The financial hit was massive—not just in legal fees but also in lost customer recognition, rebranding costs, and wasted SEO (search engine optimization) efforts. Years of building up their company’s brand name disappeared in an instant.
How to Trademark Your Brand
The good news? Creating a trademark isn’t as complicated or expensive as you might think. You have a few options:
- DIY via USPTO – The U.S. Patent and Trademark Office (USPTO) allows you to file a trademark application yourself. This is the cheapest route (you only pay the filing fee), but it’s time-consuming and can be tricky to navigate, much like doing your own taxes.
- Use an Online Trademark Service – Websites like LegalZoom and Trademarkia do the heavy lifting for you. You provide the details, they handle the process, and you pay a service fee. This is a good middle-ground option for cost and convenience.
- Hire a Trademark Attorney – If you want to ensure everything is done correctly and avoid potential legal pitfalls, hiring an attorney is the safest route. It’s also the most expensive, but for businesses serious about protecting their brand, it can be worth the investment.
Keep in mind that trademark protection isn’t a one-and-done process—you’ll need to periodically submit proof of use to maintain your rights, typically between the fifth and sixth year after registration, and then again every ten years to keep it active. Once fully registered, your trademark moves from ™ (pending) to ® (officially registered), giving you even stronger legal protection.
Why It’s Worth It
Think about all the work you put into your business—branding, marketing, SEO, customer relationships. A trademark protects all of that. Without it, you’re taking a huge risk. If someone else trademarks your name first, you could lose everything you’ve built.
Take the time to secure your brand. It’s a small investment now that can save you thousands (or even your entire business) later.
Your brand is your identity. Make sure it’s protected.
