Avoiding Common Trademark Mistakes: Tips for Business Owners

Running a business is exciting. There’s so much to think about—your name, your logo, your products, and how you want the world to see your brand. I get it because I’ve worked with many business owners right here in Westminster, California. One of the most common things I help with is trademarks. I’ve seen great businesses get into trouble just because they didn’t understand how trademarks work.



So today, I want to share some of the most common trademark mistakes I see—and how you can avoid them. Think of this as a friendly chat with your local trademark attorney. I want to help you protect your business and make sure your brand is strong from the very start.

Mistake #1: Choosing a Name That’s Already Taken

Let’s say you come up with a business name you love. You check Google, and no one nearby is using it. You think you’re safe. But here’s the thing—just because a name isn’t used in your city doesn’t mean it’s not protected.

One of my clients started a bakery with a fun, catchy name. She even had a cute logo. But a few months in, she got a letter from a company across the country that already had a trademark on the same name. They asked her to stop using it—and she had to rebrand everything. It cost her time and money.

Tip: Before you settle on a name, do a full trademark search. That means checking the U.S. Patent and Trademark Office (USPTO) database and looking beyond your area. Better yet, talk to a trademark attorney who knows what to look for. It’s way cheaper than a rebrand later.

Mistake #2: Thinking a Logo Alone is Enough

A lot of people believe that if they have a logo, they’re protected. But that’s only part of the story. A logo can help identify your brand, sure—but if someone else owns the rights to the words in your name, your logo won’t protect you from legal trouble.

One client came in with a custom-designed logo for her clothing line. It looked great! But the name in her logo was already trademarked by another fashion brand. She thought changing the font and colors would make it different enough—but it didn’t.

Tip: Protect both your name and your logo. They’re two different trademark filings. Sometimes you need both, sometimes just one—but don’t assume your logo does all the work.

Mistake #3: Not Registering Your Trademark

Some business owners skip registering their trademark altogether. They think, “I’ve got the domain name, I’ve got the Instagram handle—what else do I need?”

The truth is, if you don’t register your trademark, it’s a lot harder to defend it. You might have some basic rights just by using your brand, but those rights only go so far—usually just in your local area. If someone else registers the same name, you could lose your rights completely.

I worked with a client who ran a fitness brand for two years without registering. Then someone else trademarked the same name and stopped my client from using it online. It was heartbreaking.

Tip: If your brand matters to you—and it should—register your trademark with the USPTO. It gives you stronger protection across the country.



Mistake #4: Waiting Too Long

Sometimes people want to wait until their business “takes off” before thinking about trademarks. They think they’ll deal with it once they’re making more money or getting more attention.

But by then, it might be too late. If someone else jumps on your brand name first, you could be stuck. Or you might find out you’ve been using a name you can’t keep.

I had a client who built a beautiful skincare brand. She waited a year before trying to register her trademark—and by that time, someone else had already filed for something very similar. It led to a legal fight that took months to resolve.

Tip: Start your trademark process as early as possible. Even if your business is still small, it’s better to protect it now than scramble later.

Mistake #5: Doing It All Alone

Look, I get it. When you’re starting a business, you want to save money. You figure you can file your trademark application yourself, right? It seems simple enough.

But trademark law can be tricky. There are lots of small details that can cause your application to be rejected—or worse, approved and later challenged. I’ve had clients come to me after they filed on their own and ran into problems that could have been avoided.

Tip: Work with a professional if you can. Even just one meeting with a trademark attorney can help you avoid big mistakes. If you’re serious about your business, it’s a smart investment.

Final Thoughts: Protect What You’re Building

Your brand is one of your biggest business assets. It’s how people remember you. It’s how they trust you. Don’t leave it unprotected.

As a trademark attorney here in Westminster, CA, I’ve seen too many great businesses suffer because of simple trademark mistakes. But the good news is, most of these problems can be avoided with the right steps from the start.

Take the time to do your research. Choose a strong, unique name. Register your trademark. And don’t be afraid to ask for help. You’ve worked hard to build your business—let’s make sure it stays safe.

If you’re not sure where to start, feel free to reach out. I’m always happy to answer questions, even if you’re just exploring your options. Think of me as part of your team—here to help you grow, protect, and succeed.

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Contact us:

CANEI

13950 Milton Ave. Suite 300, Westminster, CA 92683, United States

714-783-2222



Location: Westminster, CA, USA

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