EPISODE · Jun 24, 2025 · 24 MIN
Trademark Mistakes Small Business Owners Make That Lead to Lawsuits and Shutdowns
from Securing Your Brand
In this episode of Securing Your Brand, trademark attorneys Melissa Jeda and Holly McFall, partners of SecureMark Legal, break down the top five mistakes entrepreneurs make when trying to trademark their business names and logos and how to avoid them. Whether you’re running a weekend food truck, a boutique jewelry brand, or launching a product line, this episode is packed with real-life cautionary tales and actionable advice that could save your business from costly rebranding, lawsuits, and missed opportunities.Melissa and Holly explain why waiting too long, filing in the wrong class, and listing the wrong owner on your application can put your entire brand at risk. They also share how to correctly handle descriptions and conduct comprehensive searches to avoid confusingly similar trademarks. If you’ve ever thought your business was too small to matter or assumed a state registration was enough, this episode is your wake-up call.Expect to Learn:Why “waiting until you grow” could kill your brandThe risks of confusing state vs. federal trademark registrationHow to correctly identify the right class (and why it matters)The dangers of being too generic or too specific in descriptionsWhat intent-to-use applications are and why they matterWhy it’s critical to list the right owner from day oneHow improper trademark ownership affects funding and business salesIn Today’s Episode:[00:00] - Episode Recap[01:13] - Introduction to the top 5 trademark mistakes[02:11] - Mistake #1: Waiting too long to file your trademark[06:41] - Mistake #2: Filing in the wrong class of goods/services[12:32] - Mistake #3: Being too generic or too specific in your description[15:32] - Mistake #4: A poor search and missing intent-to-use applications[18:00] - Mistake #5: Listing the wrong owner on your application[22:48] - Final thoughts on risk, value, and protecting your brand from day one[23:19] - How to connect with Holly & MelissaConnect with Holly McFall:LinkedIn: https://www.linkedin.com/in/hollymcfall/Instagram: https://www.instagram.com/gatorlaw19/ Facebook: https://www.facebook.com/holly.mcfall Connect with Melissa Jeda:LinkedIn: https://www.linkedin.com/in/melissa-jeda-29108813b/ Instagram: https://www.instagram.com/mhjeda/ Facebook: https://www.facebook.com/alizajeda Connect with SecureMark LegalWebsite: https://securemarklegal.com/ LinkedIn: https://www.linkedin.com/company/securemark-legal/ Instagram: <a href="https://www.instagram.com/securemark_legal" rel="noopener noreferrer"...
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Trademark Mistakes Small Business Owners Make That Lead to Lawsuits and Shutdowns
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