Top 5 Trademark Mistakes Creatives Make (and How to Avoid Them)
- michael64671
- 3 minutes ago
- 3 min read
If you're a creative professional building a brand, launching a product, or performing under a stage name, your intellectual property is one of your most valuable assets.
Trademarks, in particular, can help protect your identity, reputation, and income. But too many creatives either misunderstand or overlook trademark law until it’s too late.
Here are five common trademark mistakes creatives make and how you can avoid them.
1. Not Conducting a Proper Trademark Search
The Mistake: Many creators choose a name or logo and start using it in business without checking if someone else is already using (or has registered) the same or a similar mark.
Why It’s a Problem: You could unknowingly infringe on someone else’s rights, leading to cease-and-desist letters, lawsuits, or a forced rebrand, which can be expensive and embarrassing.
The Fix: Before you commit to a brand name, stage name, or logo, do a thorough trademark search. Start with a quick scan of the USPTO database (www.uspto.gov) and broaden your search to include Google, domain names, social media handles, and industry-specific platforms. A trademark attorney can also perform a comprehensive search to flag potential conflicts you might miss.
2. Thinking a Domain or Social Handle Means You Own the Rights
The Mistake: “I got the .com, so I’m good.” Unfortunately, owning a domain name or an Instagram handle doesn’t give you legal ownership of a trademark.
Why It’s a Problem: Someone else could already hold the trademark rights, and they might have the legal upper hand, even if you thought of the name “first” or secured the social accounts.
The Fix: Think of domains and usernames as valuable real estate, but not as legal protection. If you're serious about your brand, protect it with a trademark registration, especially if you plan to scale your business or monetize your brand.
3. Using a Generic or Descriptive Name
The Mistake: Calling your product or brand something like “Best Beats” or “Los Angeles Graphic Design” might seem clear and catchy, but it’s likely too generic or descriptive to qualify for trademark protection.
Why It’s a Problem: The more generic the name, the harder it is to register as a trademark or stop others from using something similar. The USPTO may reject your application, or your mark may have very weak protection.
The Fix: Choose a name that’s distinctive. Arbitrary or suggestive names (like “Spotify” or “Lush”) are more likely to be approved for registration and easier to defend legally. A creative name helps you stand out and strengthens your brand.
4. Waiting Too Long to Register
The Mistake: Many creatives put off registering their trademark until they’re “more established” or making more money.
Why It’s a Problem: By the time you try to register your mark, someone else might already have claimed it, possibly even by watching what you’re doing and acting faster.
The Fix: Trademark protection is often a “first come, first served” system. If you have a name you’re using (or planning to use) in commerce and want to protect it, don’t wait. File for trademark registration as soon as possible to lock in your rights and deter copycats.
5. Not Enforcing Your Trademark Rights
The Mistake: After registration, some creatives think their work is done, but it’s not. Failing to monitor and enforce your rights can weaken your trademark.
Why It’s a Problem: If you let others use similar names or infringe on your brand without taking action, you could eventually lose your exclusive rights. Plus, the longer the infringement goes unchecked, the harder it can be to stop it.
The Fix: Set up Google Alerts for your brand name, monitor marketplaces and social platforms, and don’t be afraid to send cease-and-desist letters when necessary. Partner with an attorney to help you craft professional, strategic enforcement tactics.
Final Thoughts on Trademark Mistakes: Protecting What You’ve Built
Your name, logo, and brand identity are extensions of your creative work and your livelihood. Taking the time to properly search, register, and protect your trademarks isn’t just about legality. It’s about making sure you’re building something lasting and defensible.
If you’re not sure where to start, or you’re wondering if your current brand elements are trademark-safe, a quick conversation with an entertainment and trademark attorney can save you a lot of trouble down the road.
Spiller Law is an advisor to startup businesses, entertainment and media companies, and artists. Feel free to schedule a free consultation.
Spiller Law is a San Francisco business, entertainment, and estate planning law firm. We serve clients in the San Francisco Bay Area, Silicon Valley, Los Angeles, and California. Feel free to arrange a free consultation using the Schedule Appointment link on our website. For other questions, call our offices at 415-991-7298.
The information provided in this article is for general informational purposes only and should not be construed as legal advice or opinion. Readers are advised to consult with their legal counsel for specific advice.
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