January 8, 2026

Hello Reader,

There’s an invisible line in trademark law that most business owners cross without realizing it.

Nothing dramatic happens when you cross it.
No warning email.
No letter from the USPTO.
No cease-and-desist showing up in your inbox.

In fact, most people cross this line feeling relieved.

They’ve filed the application.
They’ve paid the fee.
They’ve checked the box.

And then—almost without noticing—they shift into what I think of as quiet assumption mode.

“I’ve done what I needed to do.”
“I’ll deal with it if something comes up.”
“I’m probably fine.”

That assumption is the line.

I see this all the time, even with smart, experienced founders. Especially with smart, experienced founders. Because on the surface, it feels reasonable.

Here’s the tricky part: trademark risk doesn’t announce itself when you file. It shows up later, sideways, and often through someone else’s actions—not yours.

Another business launches with a similar name.
A platform flags your listing.
An investor asks an uncomfortable question during diligence.
A renewal notice arrives with requirements you weren’t expecting.

From the founder’s perspective, it feels sudden. From a legal perspective, it usually isn’t.

What’s actually happening is that trademarks operate in stages, but most people treat them like transactions.

File → done.
Pay → protected.
Silence → safety.

That mental model is understandable—but it’s incomplete.

A trademark application is more like stepping onto a moving walkway than arriving at a destination. You’re in motion whether you’re paying attention or not. Things can change around you. New risks can appear. Old assumptions can expire.

And none of that means you did anything “wrong.”

In fact, one of the biggest mistakes I see is founders assuming trademark issues only come from bad actors or sloppy filings. In reality, many problems come from perfectly normal growth:

• Expanding into new offerings
• Tightening up brand messaging
• Gaining traction and visibility
• Attracting competitors who didn’t notice you before

Those are good problems to have. They’re just problems you want to see coming.

This is where a lot of frustration comes from. Someone will tell me, “But we filed years ago,” or “We’ve been using this name forever,” or “No one said there was anything else we needed to do.”

All of that can be true—and still not tell the whole story.

Trademark protection isn’t a single moment. It’s a series of decisions made over time. Some are optional. Some are strategic. Some only matter if and when certain things happen.

The challenge is that most people don’t realize which stage they’re in—or that stages exist at all—until something forces the issue.

My goal with TMtelegram is to make those invisible lines visible before they become stressful.

No fear tactics.
No pressure.
Just clearer thinking about how trademarks actually work in the real world, not just on paper.

So let me ask you something—and there’s no right answer here:

Where do you think you are right now?

Are you in the “we filed and moved on” stage?
The “we’ll deal with it if something happens” stage?
Or the “we’re not even sure what stage we’re in” stage?

If you’re willing, hit reply and tell me what stage you believe you’re in today.

I read every response. And sometimes the most helpful thing I can do is simply confirm whether your assumption matches reality—or gently adjust it.

This week at the USPTO:​
(These are just a few of the trademarks that crossed that invisible line into registration this week.)

Every one of these registrations represents a finish line and a starting line—depending on what happens next.

More next week.

J.J. Lee and the Trademark Lawyer Law Firm Team

​trademarklawyerfirm.com​
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