Trademarks — Naming Your Startup Right

Trademarks protect names, logos, and brand elements that identify your product. Choosing and registering a strong, legally sound name can prevent costly rebrands later.

Why it Matters

Your startup name is your brand, and your brand is your reputation. Without trademark protection, you risk losing it — even if you own the domain.

Founders Checklist

Run a clearance search before picking a name (USPTO, Google, social, domain)
Avoid names that are generic, descriptive, or confusingly similar to others
File a federal trademark application with the USPTO for name and/or logo
Use ™ before registration and ® after approval
Monitor for copycats or confusingly similar marks

Founder Fails

Picked a name already in use > forced to rebrand mid-fundraise
Filed trademark too late > investor flagged brand risk in diligence
Used a name too similar to competitor > received cease & desist

When to ask for Help

Before finalizing your company or product name
To conduct a trademark search
When registering your brand in the U.S. or internationally
If receiving a cease-and-desist notice
Before launching in a new market or category

Frequently Asked Questions

Q: Do I need a registered trademark to use my startup name?
A: No — you get common law rights by using it in commerce. But without registration, those rights are weaker and limited to your geographic region.

Q: What makes a strong trademark?
A: Names that are distinctive, arbitrary, or suggestive (e.g., “Airbnb” or “Stripe”) are stronger. Generic names (e.g., “The Messaging App”) are hard or impossible to protect.

Q: What about our logo or slogan?
A: Those can be registered too — especially if they’re core to your brand identity. File separate applications for each mark.