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As a trademark attorney, a common problem I see is that business owners think having an LLC or corporation set up is the only step they need to take in starting and protecting their business, which is where trade names vs trademarks come into play. Trade names and trademarks serve different identification purposes and different legal purposes in your brand, but it’s easy to get mixed up about what each of them really means. This guide from a trademark attorney will break dow

Forming an LLC or corporation can make a business feel official overnight. The name appears on state records, your bank account is opened, and your business entity is officially established. But that does not mean the brand is protected. An entity, by itself, does not usually stop someone else from using a similar name, building a similar brand, or filing a trademark before you do. What an entity actually protects An entity is a legal structure. Common examples include: Limit

Trademark infringement is one of the biggest headaches you can run into as a business owner. And even if you think you’ve done everything right when starting your business, a cease and desist letter could still find its way in your inbox. As a trademark lawyer, I’m breaking down exactly what trademark infringement is and how you can protect against it early on in your business to avoid bigger issues later on. Trademark Infringement: What It Is Trademark infringement occurs w

A strong brand name can become one of the most valuable parts of a business, but waiting too long to protect it can leave the door open for someone else to claim the name before you. If you are choosing a company name, product name, service name, slogan, or logo, the timing of your trademark application matters. File too early, and you may not have enough details to support the application. File too late, and you may face unavoidable conflicts, rebranding costs, or a weaker p

There are a few things that no business owner wants to hear, and “cease and desist” or “forced rebrand” are some of those things. As a trademark attorney, I see brands waiting until it’s too late all the time, so let’s get into how to protect your brand before anything can go south. How a Trademark Attorney Helps Protect Your Business Proactively If you love your business name and branding design, there’s a good chance that someone else out there will, too. And by the time y

We know how much time, money, and energy you’ve invested in your business. That’s why we’re here to help you protect it. Business law can get tricky, with so many different steps to take to protect different things. One of the main things that people often inquire about is the difference between trademarks and copyrights. I’m here to break down everything you need to know about trademark vs copyright as a business lawyer and when to use each. Trademark vs Copyright: The Mai

Protecting a brand is essential for any business aiming to maintain its identity and reputation. An often overlooked but highly effective tool that can be used to protect your brand is the trademark letter of protest. This tool is a cost-effective way to challenge potentially conflicting trademark applications before they become a problem. Understanding what a trademark letter of protest is and how it works can help business owners protect their brands without incurring exces

Here's a scenario I see all the time. A business owner comes to me thrilled about their brand, then they find another company using a strikingly similar name. Their first instinct is to send a cease and desist letter. That's typically the first response, but before you send that letter, there's a more important question: do you actually have superior rights to the mark? In the United States, trademark rights come from actually using your name in commerce, selling products o

By: Lindsay E. Lane, Esq. July 6, 2027 The creator economy is a roughly $310 billion industry, with projections estimating it will grow to nearly $500 billion by 2027. Building a brand is an exciting journey filled with creativity, passion, and hard work. But as your brand grows, so do the risks of others copying or misusing your unique brand identity. Trademark protection offers creators a powerful way to secure their brand’s name, logo, or slogans from unauthorized use. As

By: Lindsay E. Lane, Esq. July 2, 2026 In today's sports world, an athlete's name, image, and likeness (NIL) have become valuable commercial assets. NIL is rooted in right of publicity (RoP) law, giving athletes the exclusive right to control and profit from the commercial use of their identity (e.g., name, nickname, image, signature, jersey number, and even signature gestures). It is protected under state laws, and the scope and duration vary widely by state as there is no f

As a business lawyer, I know that a lot goes into protecting a business. Trademarking, keeping up with legal tasks, taxes… They all come together to create a bubble guarding your business. One thing that gets overlooked quite a bit, though, is business contracts. Whether you are a service provider or working with other companies, contracts are more than just paperwork. They operate as legal protection for you and your business. Let’s get into everything that having a clear,

While there are many, many tips out there on how to start a business, most people don’t cover all the steps to ensure that your startup business is properly protected. As a business lawyer, I’ve got you covered with everything you need to know about starting a business, with all the best legal advice for your journey. How to Start a Business: 7 Legal Steps Have a Strong Business Plan The very first step (really, to anything in life) is to have a good plan. Decide what produ

When it comes to trademark variations, most business owners fall into one of two camps. Camp A: "I need to trademark everything!" And Camp B: "I think I'm fine without trademarking anything." Both assumptions can cost you, either by filing for things that are not truly part of your brand identity, or by leaving real gaps in your protection. The right answer may be somewhere in between. Understand What You Are Actually Protecting A trademark protects how your brand functions a

A common misconception that I hear all the time as a trademark lawyer is that you can only trademark your business name and logo. And while those are, of course, important to do, there’s so much more that can be done to protect your business and its assets. If you’re wondering what you can trademark, see my full guide, as a trademark lawyer who spends a lot of time protecting businesses. What You Can Trademark in Your Business: The Overview Here’s everything that you should

Starting a Limited Liability Company (LLC) is a popular choice for entrepreneurs seeking flexibility and liability protection. While forming an LLC is not particularly difficult, maintaining your LLC properly is essential to keep your business in good standing, protect your personal assets, and ensure long-term success. This is what a lot of business owners struggle to keep up with. Many business owners overlook this ongoing responsibility, which can lead to costly fines or p

When you see symbols like ™, SM, or ® next to a brand name or product, you might wonder what they mean and why they matter. These symbols indicate different types of trademark claims and legal protections. Understanding the difference can help you recognize how businesses protect their names, logos, and slogans. This post explains what each symbol stands for, how they differ, and why they are important. What does ™ mean? The ™ symbol stands for trademark. It is used to indica

When you start a business, your brand is one of your most valuable assets. It represents your brand's reputation and its unique identity in the market. Yet many entrepreneurs overlook an essential step: registering their trademark. Skipping this step can lead to serious risks that might threaten your business’s future. What Is a Trademark and Why Does It Matter? A trademark is a symbol, word, phrase, or design that identifies and distinguishes your goods or services from othe

I talk to a lot of people wondering if they should trademark their business name, and my answer as a trademark lawyer will always be, it depends. Trademarking is one of the most important things you can do to protect your brand and business, and if you’re just starting out, here’s everything you need to know about how to trademark a name. How to Trademark a Name For Your Business: Step by Step While trademarking a name may seem straightforward on the surface, the process is

The trademark process does not happen overnight. It involves legal strategy, careful planning, and attention to detail from start to finish. What is a Trademark? A trademark is any word, name, symbol, design, or combination of these things that identifies the source of products or services and distinguishes them from others in a specific industry. Think logos, brand names, slogans, and even sounds or colors in some cases. Registration with the United States Patent and Tradema

Lindsay E. Lane, Esq., May 15, 2026 “What’s the tool and buzzword everyone keeps talking about? Artificial Intelligence, or “AI.” And when it comes to naming a business, a lot of people think, “This seems like the perfect use for it.” Thanks to recent advances in technology, starting a business has never been easier. There are so many amazing tools out there, but it's important to know what those tools can actually do for you, and where you need to approach with caution. You