Written by Kailey Jacomet, founding partner at Brand Law Boutique.

I’m Kailey Jacomet, a trademark attorney and the founding partner of Brand Law Boutique. I’ve helped hundreds of entrepreneurs protect their business names, logos, and creative assets so they can grow with confidence. I’m joined at the firm by my law partner Joan Ibsen, who shares my passion for helping small businesses build strong, legally sound brands. Let’s dive in.

We’ve worked with business owners at every stage—from solopreneurs to multi–seven-figure companies—and we’ve seen it all: the rebrands, the cease-and-desist letters, and the panicked emails from owners who unknowingly stepped on someone else’s trademark toes. We want you to avoid that fate. This post walks you through the most common trademark mistakes we see small business owners make when choosing a business name—and how to protect yourself from the beginning.

Table of Contents

The Problem: Why Small Business Owners Overlook Trademark Risk
How DIY Searches Miss the Mark
What Can Go Wrong: A Rebrand Story
How to Vet Your Business Name Properly
Why a Trademark Lawyer is Worth It
Bottom Line: Legal Protection You Can Build On

The Problem: Why Small Business Owners Overlook Trademark Risk

You’ve landed on the perfect business name. You bought the domain. Claimed the Instagram handle. Maybe even hired a designer to whip up a fresh logo and color palette. You’re about to launch…and then you get a cease-and-desist. Or worse: you’ve been running your business for years, building visibility under your chosen name, only to discover someone else has already registered a trademark for a similar name in your industry—and now they’re coming after you.

Sound rare? I wish it were. This isn’t something I’ve seen a handful of times. It’s something I encounter every single week. And it’s not because small business owners are careless—it’s because the internet makes it look easy to assume a name is up for grabs. Let’s break down why that assumption is so dangerous—and how to protect your brand before it’s too late.

How DIY Searches Miss the Mark

Most business owners do a few quick things when testing a name: Google it, check social media handles, and search GoDaddy or Squarespace for a domain. If those boxes check out, the name feels safe. But trademarks don’t work like that.

The U.S. trademark system protects names that are already in use in commerce—and that protection can extend beyond what you find online. For example: someone may have registered a trademark but not yet built an online presence. Their name may be slightly different but close enough to cause legal “confusion.” Their audience or services might overlap with yours just enough to create a legal problem.

That means you could be forced to rebrand—after pouring time, money, and energy into a name you thought was safe.

Why You Need to Look Beyond Google and Instagram

Domain availability does not equal trademark clearance. Anyone can register a domain, even for a brand they don’t have legal rights to. Conversely, someone could own trademark rights without ever buying the .com.
The USPTO database leaves big gaps. It isn’t an advanced search engine. It won’t reliably catch similar-sounding names, alternate spellings, or related services that could still be legally problematic. Unless you understand trademark law, you may miss a major risk hiding in plain sight.
Lookalikes can still get you in trouble. Even if your name isn’t identical, a registered trademark that looks or sounds similar, or covers overlapping services, can still be a legal risk.

What Can Go Wrong: A Rebrand Story

Imagine you’re running a coaching business for coffee shop owners. You land on the name Billionaire Barista—catchy, memorable, and totally on brand. You Google it, buy the domain, grab the Instagram handle, even start building your email list. Things are going great—until you get a cease-and-desist letter.

It turns out there’s a registered trademark for Billion Dollar Coffee Shop—a business in your exact space. Even though their SEO wasn’t great and they didn’t show up in your searches, from a legal standpoint the names are confusingly similar. That means your business name could be infringing—and they have the registration to prove it.

When that happens, you’re left with a painful choice: rebrand and start over (with all the costs that come with it), try to fight it (expensive and stressful), or walk away from a brand you loved and invested in. Costs you might face include thousands in rebranding (design, legal, copywriting), lost momentum while you pause or reintroduce yourself, and potential legal fees to defend or negotiate.

How to Vet Your Business Name Properly

Step 1: Google it—deeply. Search your name idea plus niche keywords. Check for variations. Go beyond page one.

Step 2: Scan social handles. Check Instagram, Facebook, TikTok, LinkedIn. Someone might be using a similar name even if the exact handle is free.

Step 3: Search the USPTO. Visit the USPTO trademark database and run a basic search. Look for exact and similar names, including spelling variations and phonetic similarities. But be clear: this is just a starting point. A basic USPTO search might eliminate identical results, but it’s not a badge of confidence that your name is clear. Understanding what counts as “confusingly similar” is a legal judgment call.

Step 4: Book a trademark search consult. A trademark attorney will run a comprehensive, professional-grade search, evaluating confusingly similar marks, risky overlaps, and industry-specific patterns that free tools can’t catch. A one-time consult can save you from a five-figure rebrand—or worse, getting shut down just as you gain traction. Need one of those? Book here: https://brandlawboutique.com/consultation

Why a Trademark Lawyer is Worth It

You don’t just need to know if a name exists—you need to know if it’s going to be a problem. A trademark attorney can interpret risks, analyze confusingly similar marks, and help you make a legally informed decision before you invest more in your brand.

Bottom Line: Legal Protection You Can Build On

You’re building something real. Something intentional. Something worth protecting—whether you’re about to launch, actively growing, or have been in business for years. No matter where you are in the journey, it’s never too early—or too late—to make sure your business name is legally safe to use and legally yours to keep.

A trademark search and clearance process isn’t just for new businesses. It’s just as important (arguably more so) if you’ve been operating for years but never filed a trademark, you’re gaining traction or media attention, or you’ve invested in branding, packaging, ads, or publicity. Don’t keep building on top of a name you might have to give up. Do it right, and get peace of mind that your business name is legally protected for the long haul.

Ready to Vet Your Business Name?

Book a trademark search consultation with Kailey today: https://brandlawboutique.com/consultation