What Your Business Coach Might Not Tell You (But This Brand Strategist Will)

Twice this year, I found myself in what can only be described as a serendipitous moment: right place, right time, potentially saving two new business owners from walking straight into a Trademark Infringement Nightmare. Yep, it’s as dramatic as it sounds—and the lawsuits that can follow? Even messier.

If there’s one thing companies who have trademarked their name or products don’t play about, it’s protecting their trademarks. And honestly, they’re right to do so. Those legal documents weren’t just created for decoration—they represent time, money, and effort spent safeguarding the brand and products they built.

So, why am I telling you this? Because after seeing two eerily similar scenarios unfold in the last six months, I thought, you know what? Someone out there needs to hear this before they accidentally make the same mistake.

Scenario 1: The Eventful Networking Night (Or, How I Almost Ruined a Launch Over Cocktails)

Picture this: I’m at a business event, surrounded by an ambitious group of entrepreneurs from all over the country. Some are newbies, just dipping their toes in the world of business ownership, while others are seasoned pros leveling up.

Later that evening, I found myself chatting with a couple of new business owners who were bubbling with excitement. Their product baby was about to debut in just a few days. They’d been working with their business coach for months—brainstorming names, bouncing ideas, perfecting their launch plan. You could feel the energy radiating off them.

Then, they mentioned the name of their company. My gut immediately gave me a nudge. Something about it rang a bell.

Curious (and, let’s be real, a little nosy), I asked them to repeat it. They told me the name again, casually explaining how they had to tweak their domain name by adding “The” because the version they wanted was already taken by someone in the Seattle area.

And then it hit me: OMG. That’s my client’s brand – and I’m sure their brand was trademarked when I worked with them.

The Conversation That Changed Everything

Here’s the spark-notes version of how that convo went:

Me: “Did you check if that name was trademarked before deciding on it?”

Them: “No, we just figured the domain was taken, and their business is in Seattle, so it wouldn’t matter.”

Me: (Deep breath) “So sorry to have to break it to you, but the world just got a whole lot smaller. That Seattle area business? They’re my client. I designed their branding, and at the time I worked with them, they had a trademark on that name.”

Cue a lot of blinking and a mini heart attack.

What followed was an impromptu crash course in trademark law, rebranding costs, and the legal consequences of infringement. Spoiler alert: their big launch got postponed. But they were grateful for the heads-up, even if it meant hitting pause on their plans.

Scenario 2: The Zoom Call That Got Real

Fast forward a few months, and I’m on a Zoom consultation with another brand-new business owner. Like Scenario 1, they’d launched their company quickly, brainstormed a name, whipped up a stock-logo special, and snagged a domain (with a “The” in front of it because someone else had their first choice).

When I asked if they’d checked for trademarks on their chosen name, I got the same deer-in-headlights response:

Them: “No, should I have?”

Yes. Yes, you should have.

Another impromptu Trademark 101 session ensued, and while their business was off to a good start, they realized they’d need to rethink their name before scaling further.

Why This Matters

These two scenarios aren’t just coincidences—they’re cautionary tales. Trademark infringement isn’t just a slap on the wrist; it’s a financial and emotional mess that could cost you:

• Legal fees: Fighting a lawsuit isn’t cheap, even if you’re in the right.
• Rebranding costs: Imagine scrapping your logo, website, and marketing materials. Painful, right?
• Lost time: Delays can hurt your momentum, especially if you’re just starting out.

What Can You Learn From This?

Here’s the deal:

• Before you fall in love with a business name, check for trademarks. A quick search on the USPTO database or consulting with a trademark attorney can spare you a costly legal headache.
• Just because a domain or social handle is available doesn’t mean you’re in the clear.
• Treat your branding decisions with the same care as you would a major investment—because that’s exactly what it is.

Bottom Line

This isn’t about scaring you out of starting your dream business—it’s about starting smart. With a little due diligence upfront, you can avoid costly mistakes and build a brand you’re proud of.

Your business coach might not mention this because they’re focused on strategy, but as a brand strategist, I’m here to tell you: protecting your brand is part of the strategy. Because a solid brand isn’t just memorable—it’s untouchable.