Do You REALLY Need to Trademark That? A Founder-Friendly Gut Check
If you spend any time in entrepreneurial spaces, you’ve heard this before.
Someone shares a clever business idea and someone immediately says,
“You should trademark that.”
It’s meant as encouragement. It’s also not always right.
Not everything in your business is trademarkable — and not everything should be your top legal priority right now. Smart brand protection isn’t about filing for everything. It’s about being intentional.
So let’s play a quick round of Trademark Smash or Pass.
Trademark SMASH
These are names that usually deserve protection.
These types of names often carry your reputation and brand recognition:
Your business name
This is the identity people know you by. If it’s central to your brand, it’s worth protecting.
A flagship offer you lead with everywhere
The service, program, or product you’re known for is often a strong trademark candidate.
A unique named program, method, or framework
If you’ve branded how you do what you do, and customers associate that name with your business, it matters.
A podcast, series, or event name you plan to keep using
Anything that’s part of your long-term brand ecosystem should be evaluated early.
A tagline or phrase customers instantly recognize as you
If people hear it and immediately think of your business, that’s exactly what a trademark is designed to protect.
The rule of thumb:
If customers hear the name and it points back to your business, that’s trademark territory.
Trademark PASS
(For Now)
These usually aren’t a priority at this stage.
Not every name needs immediate protection — and that’s okay.
Generic service descriptions
Words everyone in your industry uses rarely qualify for strong protection.
Temporary launch names
Short-term promotions or seasonal names often don’t justify the time and cost.
Internal systems or behind-the-scenes frameworks
If your customers never see it, it’s usually not a trademark priority.
One-off content titles
Single workshops, challenges, or freebies typically don’t need registration.
Ideas you’re not even sure you’ll launch
If it’s still a “maybe someday,” hold off.
Passing doesn’t mean “never.” It just means not a smart move right now.
The Descriptive Name Trap
One important note: brand names built on words that are heavily used in your industry often get bumped to the “pass” category.
Think:
A medical office called “The Health Center”
An art studio called “Creative Space”
Names like these are usually considered too descriptive to receive strong, exclusive trademark protection. They describe the service, not the brand.
Smart Trademark Strategy Is About Priorities
Trademark protection isn’t about collecting registrations like trophies. It’s about protecting what:
Customers recognize
Drives your revenue
Carries your reputation
Being strategic saves money, reduces overwhelm, and protects the parts of your brand that truly matter.
If you want help figuring out what’s actually worth protecting — and how to do it the right way — that’s exactly what we do.