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Protecting Your Mark · 5 min read
Common Trademark Misconceptions
The gap between what business owners assume about trademarks and how the law actually works, and where that gap tends to get expensive.
"I registered an LLC with this name, so it's protected."
Forming an LLC or registering a DBA with your state only confirms that name is available for business registration in that state. It does not check for trademark conflicts, and it does not give you trademark rights. It's entirely possible to have a validly registered LLC operating under a name that infringes someone else's federal trademark.
"I have a logo, so I'm covered."
Having a logo designed protects nothing on its own. Trademark rights come from registration or from actual use in commerce, not from the act of creating a design.
"Trademarks protect ideas and products."
They protect identifiers: the name, logo, or symbol, not the underlying product, method, or idea. That distinction is covered under patent law and trade secret law, not trademark.
"Once it's registered, I'm protected forever, automatically."
A federal registration requires maintenance: a Declaration of Use between years five and six, and renewal every ten years, with proof the mark is still in active use. Registrations that aren't maintained can be canceled.
"A search is an optional extra step."
The USPTO doesn't warn you about a conflict before you file. It simply refuses the application after you've paid the fee, or worse, registers it and leaves you exposed to a dispute later. A search and a properly prepared filing are what stand between a smooth registration and months of avoidable back-and-forth.
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