Let’s talk trademarks.
Not the boring, legalese-laden fluff you’ll find in some 85-page guide written by a Washington D.C. firm billing $1,000 an hour. I’m talking straight talk—business owner to business owner—on when it actually makes sense to file for a federal trademark registration with the United States Patent and Trademark Office (USPTO).
I’ve worked with hundreds of businesses—startups, family operations, e-commerce shops, food trucks, and even a goat yoga studio (ok, not yet – but a boy can dream). One thing they all had in common: they were trying to build something real, something that mattered. And sooner or later, most of them asked the same question:
“Should we trademark our name/logo/slogan?”
Short answer: maybe. Longer answer: it depends on what you’re building, how you’re growing, and how much protection you want.
Let’s break it down
First, What Is a Trademark?
Before we dive into the when, let’s clear up the what. A trademark is a word, phrase, logo, or design (or some combo of those) that identifies that you (and your business) are the source of your goods or services and distinguishes them from everyone else’s.
Think Nike’s swoosh. Think “Just Do It.” Think the McDonald’s golden arches or Apple’s, well… apple. These are all trademarks.
If you’re using a name or symbol in connection with your business—on your website, packaging, ads, invoices—you’re already using a trademark. The question is whether you’ve protected it.
And specifically, whether you’ve registered it with the USPTO, which gives you rights across the entire country.
Common Law Rights vs. Federal Registration
Here’s where people get confused.
Yes, you automatically get some trademark rights just by using your brand in commerce. These are called common law rights. But they’re limited—usually to the geographic area where you’re actually doing business.
So, if you’ve got a sandwich shop in Des Moines using the name “Hero’s Subs,” you might be able to stop someone else from using that name across town. But good luck enforcing your rights in Boston, Boise, or Bakersfield without a federal registration.
Federal registration with the USPTO is what gives you:
-Nationwide protection
-Legal presumptions of ownership
-The ability to sue for infringement in federal court
-The right to use the ® symbol
-Priority over later filers
-And a pathway to international protection (if you go global)
So yeah, it’s a big deal.
When Should You File?
Okay, back to the real question. When does it actually make sense to apply?
1. When You’re Building a Brand You Want to Scale
If you’ve got big plans for your business—new markets, multiple locations, national advertising, or e-commerce that ships to all 50 states—get your trademark registered early.
Your brand is your reputation. If someone else grabs your name (or something confusingly similar) before you register, you could be forced to rebrand, lose market recognition, or worse—get sued.
I’ve seen it happen. It’s ugly. Don’t wait until you’re “big enough.” By then, you may already have competition using a similar name… and they may get to the USPTO first.
2. When You’re Investing in Marketing or Branding
If you’re spending thousands on a logo, website, product packaging, social media, or ad campaigns, you better make sure you actually own the brand you’re promoting.
Imagine dropping $20,000 on a brand refresh only to find out that someone in Texas already has your name federally registered. Now you’re back to square one, plus legal bills.
Bottom line: If you’re investing in your brand, protect that investment.
3. Before You Launch a New Product or Business Line
Launching something new? A new product line, an app, a SaaS tool, or a consumer brand? Do your due diligence before launch—not after.
File an “Intent-to-Use” trademark application (yes, that’s a thing) if you’re not using the mark yet but plan to. That way, you lock in your priority date even before the first sale.
It’s like planting your flag on the name. Nobody else can swoop in and grab it while you’re finishing up your launch.
4. When You’re Expanding to New States or Selling Online
The internet doesn’t care about borders—and neither do your customers. If you’re selling on Shopify, Etsy, Amazon, or your own site, odds are your product is reaching people well beyond your home state.
That means you need nationwide protection.
Your Wisconsin business might be safe using your name locally, but if someone in Georgia owns the federal trademark, you’re technically infringing the moment you make a sale.
Get ahead of that problem. Register your trademark.
5. When You Want to Stop Copycats
If you’ve ever had someone rip off your brand—using your name, logo, or something deceptively similar—you know how frustrating it can be. A federal trademark gives you the legal ammunition to do something about it.
With a registration, you can:
– Send cease and desist letters with real teeth
– Get infringing content taken down on platforms like Amazon, Instagram, Facebook, Shopify, and Etsy
– Potentially recover damages if they ignore you (even if you can’t prove their use has actually harmed you)
Without it? You’re relying on common law and hoping they back down.
When Not to File Yet
Let’s be real. Not everyone needs a trademark registration on day one.
Here are a few times you might wait:
1. You’re Still Figuring Out Your Name or Brand
If you’re testing things out or haven’t settled on a name, don’t waste time (and money) filing a trademark. You’ll just have to start over.
2. You’re Local-Only with No Plans to Scale
Got a small-town bakery with no website and no plans to franchise or sell online? You may be fine relying on common law rights for now. Just keep an eye out for others using your name elsewhere.
3. Your Mark Is Too Descriptive or Generic
The USPTO doesn’t register marks that are just descriptions of the product (“Fresh Baked Bread”) or too generic (“Computer Services”). If your name is weak from a legal standpoint, filing won’t help.
A conversation with a trademark attorney (Hey, I know one!) can help you evaluate whether your name is strong enough to register.
What It Costs (and Why It’s Worth It)
The filing fees for a USPTO application are $350 per class of goods or services you are applying for (most applications fall into one or two classes). Filing a trademark application and seeing it through to registration is not a DIY situation. You need an experienced trademark attorney to guide you through the process. I’ve been helping clients protect their brands for the better part of 14 years. At KKOS, our flat fee for a trademark application is $1,295 + USPTO filing fees.
Is that cheap? No, but it isn’t prohibitively expensive either. Is it worth it? For most growing businesses with a brand they want to protect—absolutely.
Think of it this way: you insure your equipment, your vehicles, and your building. Why wouldn’t you protect your most valuable asset—your brand?
Final Thoughts
You don’t need to be Nike, Apple, or McDonald’s to take your intellectual property seriously. If your brand matters to you—and you’ve got growth in your sights—get it protected early. A little paperwork now can save you a mountain of heartache later.
You’ve worked hard to build your brand. Now make sure it’s actually yours.
Lock in your brand now!
If your brand matters, it’s time to protect it. Contact KKOS Lawyers today to get started with trademark protection.