Does Every New Brand Need A Trademark?

In our first post, we gave a big-picture overview of what IP actually means for early-stage ventures — and why it’s more than just “legal stuff.” In this edition, we’re zooming in on. trademarks: what they are, why they matter, and how to approach them with a strategy (not just vibes). Let’s dive in:

Your brand has “marks” — a name, a logo, a tagline, product names, or even a specific shade of blue. These are the things people associate with your company. A trademark gives you legal protection over those identifiers. It’s a way to claim: this is us — and make it harder for anyone else to use something confusingly similar.

Having a registered trademark means you are more likely to  stop others from encroaching on your brand, and you’re less likely to be told to stop using your own brand down the line. It’s also a signal — to investors and the public — that you’re building something with staying power.

Not to mention, your marks are part of your brand, and your brand is part of your value. Literally. If you ever sell your company, your trademark is part of what gets priced into the deal.

The Strategic Question(s)

Should I pursue a registered trademark? 

Probably. It’s one of the most affordable legal protections out there. Filing early can help you avoid conflict later, and it tends to keep competitors in check.

But a trademark isn’t just a name you like — it needs to stand up legally. The USPTO looks at sound, spelling, and meaning when reviewing applications. If your mark looks, sounds, or feels too similar to an existing one in the same general industry or class, your application could get denied. Even if the spelling is different. Even if you think it’s a clever twist.

This means the strength of your mark matters. A name that’s too descriptive or close to others already in use? Risky. A name that’s unique, arbitrary, or suggestive but distinctive? Much better.

So the smarter move is to start with a strategy. Look around: who else is using similar names? Is there actual risk of confusion? Would a trademark stop the kind of copycat you’re worried about?

Because while the upfront filing fee is low, getting rejected, rebranding, or battling a cease and desist — that’s where it gets expensive.

For more information on USPTO Trademark policies check out this video. 

Where?

U.S. trademarks are where most people’s minds go, and for good reason. It’s relatively low in cost and potentially very high in value to your venture. 

If you are – or will be – a global brand, registering outside the U.S. might be valuable too. You can think about what countries and regions are likely to be valuable markets for you and/or likely to birth competitors. 

Individual states (as in states in the United States) also have their own trademark registries. The process is usually cheap and easy. It can be a powerful intermediate measure if you’re not sure about making yourself known at the federal level (because USPTO trademark applications are public information). It can be a helpful way to test the waters if you’re not sure about your commitment to a particular brand identity.

When Would be Good to Start Thinking About All This?

Early. Since you’ve got to incorporate with a name, you’ve got to choose a URL, you’ve got to pitch yourself to early stakeholders, and you need to print that early swag to proudly wear. We see early stage ventures, time and time again, having to scramble to rebrand, get new URLs, register trade names, and reprint the swag after they realize the name they chose cannot easily be trademarked. We recommend doing a trademark search before you launch.

Got questions? Join us for Startup Office Hours — we host free, founder-friendly sessions where you can ask whatever’s on your mind. Whether you’re wondering if your name is “trademarkable” or just need someone to sanity-check your legal to-do list — we’re here.

Spots fill up fast, so book your session here.

Looking forward to chatting.