April 16, 2026 Hello Reader, Most founders assume trademark conflicts only happen with direct competitors. A coffee brand competes with other coffee brands. A fragrance brand competes with other fragrance brands. Different products should mean no conflict. That assumption feels logical. But trademark law does not always follow product categories. Sometimes products that seem completely unrelated are treated as connected. And that can lead to refusals that catch founders off guard. A recent...
11 days ago • 2 min read
April 9, 2026 Hello Reader, Most founders don’t think about trademark ownership when they start a business with a partner. They split everything evenly. 50/50. Simple. Fair. And for a while, it works. But trademarks don’t always behave well in shared ownership. And when something changes, that’s when problems start. In many partnerships, the trademark ends up: • owned jointly by both founders• filed under both names• or tied loosely to the business without clear structure At the beginning,...
18 days ago • 2 min read
April 2, 2026 Hello Reader, Most founders assume famous names are off-limits. You can’t use them.You can’t trademark them.They’re already “taken.” But U.S. trademark law doesn’t work that way. In many cases, famous names are actually available. For example, you’ll find trademarks based on: • historical figures• long-deceased individuals• well-known names from the past So the real question isn’t: “Is this name famous?” It’s: “Will consumers think this brand is connected to that person?” That’s...
25 days ago • 2 min read
March 26, 2026 Hello Reader, Most founders assume changing a brand name means starting over. New name. New logo. New trademark filing. But the strongest companies rarely make brand changes that way. Instead, they transition their trademarks strategically. Often long before the public ever sees the new brand. Over the years, some of the most recognizable companies have done this carefully. For example: • Dunkin’ Donuts gradually transitioned to Dunkin• Facebook introduced the corporate brand...
about 1 month ago • 2 min read
March 19, 2026 Hello Reader, Most founders assume trademark problems happen because of the brand name. The name is too descriptive. The name conflicts with another brand. Or the name doesn’t function as a trademark. But sometimes a trademark application fails for a much simpler reason. An address. Recently, the Trademark Trial and Appeal Board reviewed three trademark applications filed by a film production company. The applications covered services like: • film production• streaming...
about 1 month ago • 2 min read
March 12, 2026 Hello Reader, Most founders assume trademark conflicts only happen within the same industry. A coffee brand competes with other coffee brands. A whiskey brand competes with other whiskey brands. Different industries should be safe. And for many years, that assumption was often correct. In fact, the USPTO historically allowed many trademarks for coffee and alcoholic beverages to coexist — even when the names were identical. The reasoning was simple. Coffee is coffee. Alcohol is...
about 2 months ago • 2 min read
March 5, 2026 Hello Reader, Many founders think filing a trademark reserves the name. You find a brand you like. You file the application. Now the name is “locked up” while you figure out the business. But trademark law doesn’t work that way. Recently, the Trademark Trial and Appeal Board reviewed an application for the mark FIREBURN 1878 for alcoholic beverages. Another company, Sazerac Brands, LLC, opposed the application because it already owned the FIREBALL brand. Most people would assume...
about 2 months ago • 2 min read
February 26, 2026 Hello Reader, Growth is exciting. More customers. More attention. More visibility. But visibility is a multiplier — and it multiplies everything, not just the good parts. When a brand grows faster than its protection, the risk doesn’t appear immediately. It builds quietly in the background. I see this most often with businesses that: Invest heavily in ads before clearance Build an audience before registration Expand offerings before confirming coverage Or assume popularity...
about 2 months ago • 1 min read
February 19, 2026 Hello Reader, Most trademark problems don’t start with bad intentions. They start with a missing question. I can’t tell you how many conversations begin with some version of:“We didn’t know we should ask first.” That’s not a failure. It’s human nature. When you’re naming something new or expanding an existing brand, momentum is exciting. Creativity is flowing. Decisions feel energizing. Legal questions can feel like friction. But asking the right question early is one of the...
2 months ago • 1 min read