Why You should trademark your business, like now
You’ve probably heard business people talking about the usual business challenges…
You know the ones: scaling your business, marketing hacks, and whether to do the cringy trends on TikTok or not.
But there’s a whole other category of business challenges no one really preps you for… the legal ones.
One of the most common (and costly) of those? Another business using your name.
Now, you might be thinking, “Ok, Andi, but is having the same name that big of a deal??”
Good question. It’s easy to brush off as no biggie, until it happens to you.
So let’s break down why it matters and some concrete steps you can take now to protect what you’re building without having to go full Elle Woods in a courtroom. 💅
Why sharing a business name is a bigger problem than you think
At first glance, having the same name as another business might seem like an annoyance at best. In reality, it creates:
Client confusion
Brand dilution
Search engine chaos
Misrouted emails and inquiries
Social media mix-ups
Vendor and collaborator errors
When people can’t tell you apart, your reputation is no longer fully in your control. And that’s where things get risky. Having two businesses with the same name isn’t just a branding headache, it’s a credibility and operational nightmare.
Step 1: Trademark your business name
If there’s one takeaway from this entire post, let it be this: Trademark your business name.
Not “once you’re bigger.”
Not “if it becomes a problem.”
Right now, Honey.
A registered trademark gives you:
Legal ownership of your name within your industry
Proof that your business existed first
The ability to enforce your rights if someone infringes
Without it, even if you used the name first, you’re operating in a gray area that’s expensive and stressful to navigate.
Think of a trademark as insurance for your brand. You hope you never need it, but you’ll be incredibly grateful if you do.
Step 2: Loop in a lawyer early (not when you’re in panic mode)
When something feels off, you might be tempted to send an Instagram DM or post a passive-aggressive story. Resist the urge. Call your lawyer.
An attorney can confirm whether you actually have a case. Tell you what’s worth pursuing (and what’s not), and help you avoid emotional decisions that inevitably backfire.
Sometimes the answer is, “This isn’t worth escalating.”
Other times, it’s, “Yes, this needs to be addressed, and here’s how.”
Step 3: Use formal boundaries, not emotional ones
When infringement does need to be addressed, professionalism matters. A cease and desist isn’t about being aggressive, it’s about being clear. The goal is to document your rights, set firm expectations, and create a paper trail.
And here’s an important reminder: Kind and firm can coexist.
You can be respectful without being passive. You can be confident without being combative.
Step 4: Pay attention when things don’t change
If an issue is supposedly “resolved” but nothing actually changes, that’s valuable information. Temporary fixes, pauses, or half-steps often signal that a stronger response may be needed. This is where having proper legal counsel, especially someone experienced in trademark litigation, becomes crucial.
Not every situation needs to go to court, but some situations need to look like they could.
Step 5: Trust your gut (and your legal team)
If something keeps nagging at you, listen to that feeling.
Business owners are often taught to “be easygoing” and “not make waves.” But when it comes to your intellectual property, your instincts deserve respect.
Your brand isn’t just a logo or a name. It’s your reputation. Your body of work. Your creative equity. And years of effort and expertise.
Protect it early. Document it properly. Get legal support you trust. And don’t wait until confusion turns into damage.
The Bottom Line:
Make sure you trademark your business name in 2026, for the love of God. Because when it comes to the heart of your brand, the thing you’ve built with your blood, sweat, tears, brainpower, and creativity…. it’s worth fighting for.
If trademarking your business name or protecting your brand is on your radar, working with a knowledgeable attorney is one of the smartest investments you can make.
When I needed litigation-level trademark support, I worked with Bianca Webb, founder of Webb Legal & Consulting, LLC. Her trademark registration services start at $1,750 and they’re well worth it. Honey stamp of approval 🍯
Want to make sure your brand stands out in a crowded marketplace?
We’re here for you. We can help you build a brand people remember, trust, and won’t be confused with anyone else.
BIG S/O to the attorney who had my back
When I needed litigation legal support, I turned to my attorney, Bianca Webb, founder of Webb Legal & Consulting, LLC.
If protecting your business name or brand is on your radar, Bianca’s trademark registration services start at $1,750 and are well worth it. Honey stamp of approval! 🍯