Whether it’s a name customers trust, a logo they recognize, or the messaging behind it all, your brand is more than marketing—it’s an asset worth protecting. If someone else uses your identity, even unintentionally, it can damage your credibility and confuse your audience. That’s why taking the right legal steps early on is important for long-term success. Our friends at Cohen & Cohen discuss how business owners put years of effort into building a brand that reflects their mission, values, and reputation.
Brand protection isn’t just about stopping copycats—it’s also about giving your business room to grow without risk of infringement issues down the road. The steps below can help reduce exposure and strengthen your position if enforcement ever becomes necessary.
Start With A Search Before Using Any Name
Before you invest time and money into branding, it’s smart to search whether your business name, slogan, or logo is already in use. We want to avoid accidentally using a name that’s already protected by someone else, even if it’s in a different state or industry. A basic internet search is a good start, but it’s not enough on its own.
We recommend checking domain name availability, social media handles, and most importantly, the U.S. Patent and Trademark Office (USPTO) database. If the name or something similar is already registered, it may not be available for use or registration.
Register Your Business Name And Logo
Once you’ve confirmed your name and logo are clear, it’s time to formally protect them. Registering your business name with the state where you operate is just the first step. This only prevents other businesses in that state from using the same or a very similar name—but it doesn’t give you nationwide rights.
For broader protection, we recommend applying for a federal trademark through the USPTO. Trademarks protect names, logos, slogans, and even brand colors or sounds in some cases. This gives you legal rights across the country and puts others on notice that your brand is protected.
It’s worth noting that trademark applications can be denied if they’re too similar to existing marks, which is why that early search step is so important. Once approved, you’ll also have to maintain the trademark over time through regular renewals and use in commerce.
Use Consistent Branding In Public And Online
Once your brand elements are protected, it’s important to use them consistently. That means applying your business name and logo across all customer-facing platforms—your website, packaging, signage, email communications, and advertising. Consistent use helps strengthen your brand identity and supports your legal rights. If you ever have to defend your brand, having a long history of use is an advantage.
Also, monitor how others are using similar names or branding online. If a competitor starts using a confusingly similar name or logo, it may be time to speak with a lawyer—even if you're not planning to sue. Sometimes a formal letter or early outreach is enough to resolve the issue without going to court.
And while the term personal injury lawyer usually refers to someone handling accident claims, business owners should know there are attorneys who focus specifically on brand protection and intellectual property. Having someone on your side who understands the process can help avoid mistakes during filing or enforcement.
Your brand is a key part of your business value, and protecting it is worth the time. Whether you’re just starting out or looking to formalize what you’ve already built, taking these steps now can prevent disputes, strengthen your position in the market, and give you peace of mind. A strong legal foundation allows your brand to grow with confidence.