10 Times You Should Trademark Your Brand ASAP

Sprout Law
3 min readJan 12, 2021

There are so many businesses right now.

That means there are so many businesses filing trademarks.

If someone else files a trademark for your brand:

  1. You’ll have to fight to continue using your brand.
  2. Your trademark application will likely be denied, which means you can’t stop copycats.
  3. You may even have to rebrand.

You need to trademark your name before someone else does.

But there are certain industries that are filling up fast.

It’s harder and harder to protect your brand in these areas…

10 Popular Industries

  1. Apparel
  2. Bath + Body
  3. Social Media/Marketing
  4. Podcast/Blog
  5. Online Courses, Retreats, Conferences
  6. Health + Wellness
  7. Personal Development
  8. Business/Life Coaching
  9. Stationary
  10. CBD Products

If you’re working in these industries, my recommendation is to trademark asap.

Hundreds of names are trademarked daily and there’s a good chance that your name could be taken if you wait too long.

Other Times to Trademark

You may want to consider trademarking if…

You Have a Great Brand Name

If you love your brand, then it’s a good idea to trademark it soon.

The better the brand, the more likely that someone sees it and trademarks it first.

If you have a brand that speaks to your audience, you should protect it asap.

You’re Keeping it for Awhile

A trademark is an investment in your brand.

If you plan to keep your brand for the next few years, then you should protect it.

But it’s probably not worth trademarking a brand when you’re not 100% invested in it. As long as you know the name is available, it’s okay to try out the brand first and see how it works.

Think about trademarking when you know it’s a keeper.

You Can Budget For It

A trademark is expensive because it’s really complicated.

It’s not something you should do alone and it takes a lot of work to have an application approved.

It’s an important investment because you need to own your brand.

But it shouldn’t stop you from growing your business.

There are so many expenses you need to take your business to the next level. And it’s hard to do that when your money is tied up in a trademark.

You can start saving for it. Or you can do a monthly payment plan.

For example, we have a $300 monthly payment plan to help with cash flow.

Rebranding Would be a Pain

Only one company can own a brand. Typically, it’s whoever trademarks it first.

If another company trademarks your brand first, they’ll own your name nationally. You’ll need to rebrand or file an expensive lawsuit. Both are bad options.

Think about how many places have your branding: your website, social media, business cards, products, marketing materials, press links, inventory, etc.

You’ll need to rebrand all of that. You’ll lose customers, money, and momentum.

In the beginning, that’s not as bad. As you grow, it’ll become more of an issue.

When rebranding would be a pain, you probably want to trademark it.

You Have an Online Following

If you have an online following, you’ll want to protect your brand asap.

Your audience might be instagram followers, blog readers, or podcast listeners.

It only takes one follower to trademark your brand and own the right to use it. You’ll have to pick between an embarrassing rebrand or an expensive lawsuit. Both are bad options.

The more eyeballs on your brand, the more risk that someone steals it.

Own your brand before you share it with your followers.

You Have Inventory

When you’re ordering inventory with your brand name on it, you’ll definitely want a trademark.

If someone files your trademark first, you’ll have to rebrand or put up an expensive fight to keep your brand. Both are bad options.

If you have to rebrand, then any inventory with your brand name is useless.

A trademark ensures that you can continue to use your brand and inventory for a long time.

Download the guide Here.

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Sprout Law
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A law firm for women. We help women founders protect their brands with trademarks, copyrights, and contracts