Protect Your Brand: The Smart Way to Trademark Your Business

Nov 22

There are parts of business ownership that feel exciting and parts we quietly avoid for as long as possible. Legal decisions usually fall into that second category. Not because we do not care, but because they feel confusing, heavy, and easy to get wrong.

Trademarking is one of those things.

I see it all the time with private practice owners, therapists, and online educators. You pick a name that feels right. You build a website, social accounts, maybe even a course or program. Then months or years later, a cease and desist shows up and everything stops.

This episode was meant to prevent that moment.

I sat down with trademark attorney Joey Vitale to talk through what trademarks actually protect, where people get tripped up, and how to make smart decisions without overcomplicating the process or letting fear run the show.

Why trademarks matter more than most people realize

Joey shared something that stuck with me right away. Out of all the legal issues small business owners face, trademarks are often the most expensive when handled too late.

Not because trademarking itself is wildly expensive, but because rebranding after the fact is.

When you are forced to change your business name, it is not just a logo swap. It is your website, your email, your materials, your reputation, and the trust you have built with your audience. That kind of disruption slows growth fast, especially for business owners who cannot afford to pause everything else.

This is why Joey built his firm, IndieLaw, to focus exclusively on trademarks. He saw how often business owners were blindsided and wanted to help them play defense before problems ever showed up.

Trademarks vs. copyrights in real-world terms

One of the clearest explanations in our conversation was the difference between trademarks and copyrights.

Think of your business like a box of cereal on a grocery shelf.

The name, logo, slogan, and overall packaging are your trademarks. They help customers recognize you. The content inside the box is your copyright. That includes blogs, course content, worksheets, and materials you create.

Your work might be excellent. That quality matters. But trademarks are about recognition, not quality. They become valuable only after you build a reputation around them.

This matters for therapists and private practice owners because the service itself is not always copyrightable, but the brand absolutely is.

The truth about TM vs. the registered symbol

This is one of the most misunderstood areas.

You can use the TM symbol simply by being in business. It signals a common law trademark, which gives you limited geographic protection based on where you operate.

The registered symbol can only be used once your trademark is officially registered with the federal government.

Many business owners skip using TM entirely, not realizing it can deter copycats early on. That said, common law protection only goes so far. In today’s online and multi-state business environment, it is often not enough on its own.

Naming mistakes that cause the biggest problems

Joey sees the same issue over and over again. Business owners choose names that are too generic or too obvious. They feel safe because they clearly describe what the business does.

From a trademark perspective, that is risky.

Generic or descriptive names are harder to protect and easier for others to accidentally copy. Even worse, you might unknowingly infringe on someone else from day one.

The strongest names usually fall in the middle. They are not made-up words, but they are not overly descriptive either. Once you know what the business does, the name makes sense and sticks.

This is especially important in saturated industries like therapy, coaching, and education, where similar wording shows up everywhere.

Why an LLC name does not protect your brand

This part surprises a lot of people.

Registering an LLC with your state does not give you permission to use that name in marketing. It is a backend legal step, not brand protection.

You can legally form a business under a name that is already trademarked and still be required to rebrand later. Domains and social handles work the same way. Availability does not equal ownership.

Trademark searches are broader and more complex than most people expect. That is why so many applications get denied, not because names are identical, but because they are too similar in the eyes of consumers.

Logos, Canva, and stock graphics

Yes, you can trademark a logo created in Canva or using stock elements. Trademark protection looks at consumer confusion, not who owns the copyright to individual design elements.

That said, logo trademarks come with a tradeoff. To maintain them long term, the logo must stay consistent. If you know a rebrand is coming soon, filing a logo trademark might not make sense yet.

Many business owners start by protecting the name first and consider logo protection later once the branding feels settled.

Playing defense before offense

One of the most practical takeaways from this conversation was how Joey frames trademark strategy.

Early on, your goal is defense. Avoid surprises. Reduce risk. Protect your ability to keep operating without interruption.

Later, once your business grows and your trademark is registered, you can think about offense. Even then, it is important to be strategic. Chasing every copycat can drain time, money, and energy without delivering real value.

Trademarks are powerful, but they are not a license to react emotionally. They are a business tool.

Where to go from here

If this episode stirred up questions or concerns, that is not a bad thing. Awareness is the first step.

Trademarking does not have to be overwhelming, but it does require intention. The cost of doing nothing often shows up later in ways that are far more disruptive than taking action early.

This conversation with Joey was about clarity, not fear. Understanding how trademarks work gives you more control over your business and your brand.

And that peace of mind is worth protecting.