Are You Ready to Trademark? A Checklist for Creatives.
Most creative professionals know they should protect their brand. The question isn't whether trademark protection matters... it's when it matters enough to act.
You've been using your brand name for months, maybe years. It's on your website, your social media, your client contracts, your festival credits. People recognize it. You've built something real. But between "I have a name" and "I need a lawyer" is a threshold most founders cross without realizing it, the point where informal use becomes something worth protecting legally, not just strategically.
This isn't about fear or urgency. It's about timing. Trademark protection works best when it's proactive, not reactive... when you're securing rights before someone else uses a confusingly similar name, not after. The cost of waiting isn't always a lawsuit. Sometimes it's a quiet loss of leverage, the kind that shows up when you're negotiating a deal and realize your brand name isn't actually yours in any enforceable way.
So how do you know if you're ready?
The Trademark Readiness Checklist
This checklist isn't legal advice (every situation is different, and nuance matters). But it will help you assess where you are and what questions you need to ask next.
☐ You're using your brand name in commerce
Trademark protection is tied to use, not just ideas. If your brand name only exists in a business plan or a mood board, you're not ready yet. But if you've launched, if clients are paying you under that name, if your work is circulating under that identity... you're using it in commerce, and that means you likely have common law rights already.
Why this matters: Common law rights are real, but they're limited. They're territorial (usually city or state-level) and they're harder to enforce. Filing a federal trademark expands your protection nationally and makes enforcement clearer.
☐ Your brand name is distinctive, not descriptive
Not all names are equally protectable. "Miami Video Production" describes what you do, and descriptive names are harder (sometimes impossible) to trademark. But "Aperture Studios" or "Kinetic Media" or "Threshold Films"? Those are distinctive. They suggest what you do without literally describing it, and that makes them stronger candidates for protection.
Why this matters: If your name is too generic or purely descriptive, the USPTO might refuse your application. Distinctive names (arbitrary, suggestive, or coined terms) are easier to register and easier to defend.
The test: If a competitor could use the same name and it would still make sense for their business, your name might be too descriptive.
☐ You're scaling beyond your local market
If your work only circulates in your city, common law rights might be enough for now. But if you're taking clients nationally, distributing content online, entering film festivals across the country, or planning to license your work... you need federal protection.
Why this matters: Common law rights are tied to geography. If someone in another state starts using your name, your local common law rights won't help you. A federal trademark gives you nationwide priority (assuming you filed first).
☐ You've checked... and your name is available
Before you file, you need to know if someone else is already using your name (or something confusingly similar) in your industry. A quick USPTO database search is a start, but it's not comprehensive. You also need to check common law use, domain registrations, and social media handles.
Why this matters: Filing a trademark application costs money. If someone else has prior rights (even common law rights), your application could be denied or you could face an opposition. Clearance searching reduces that risk.
What to do: Search the USPTO's Trademark Electronic Search System (TESS), Google your name + your industry, check domain availability, and look at Instagram/LinkedIn/TikTok handles. If you find conflicts, you need to assess whether they're in your industry and whether they have priority.
☐ You're prepared to defend your mark (if necessary)
Trademark protection isn't passive. Once you have a registered mark, you're responsible for monitoring and enforcing it. That doesn't mean you have to sue everyone who uses your name... but it does mean you need to act when there's a real likelihood of confusion.
Why this matters: If you don't enforce your trademark, you risk losing it. "Naked licensing" (letting others use your mark without control) or failing to address clear infringement can weaken your rights over time.
What this looks like in practice: Sending cease-and-desist letters, filing oppositions if someone tries to register a confusingly similar mark, and making sure anyone who licenses your name (partners, collaborators, distributors) does so under clear terms.
☐ You're using your brand name consistently
If your brand name has changed three times in the past year, or if you're still testing different versions, you're not ready to file yet. Trademarks protect the mark as used, so consistency matters.
Why this matters: If you file for "Kinetic Media" but your website says "Kinetic Media Co." and your social media says "Kinetic," there's a mismatch. The USPTO will want to see evidence of consistent use in the exact form you're claiming.
What to do: Pick one version of your name and use it consistently across all platforms (website, social media, contracts, credits, marketing materials) for at least a few months before filing.
☐ You're planning to keep using this name long-term
Trademark registration isn't a short-term investment. Federal trademarks last 10 years (renewable indefinitely), and they require ongoing maintenance filings to stay active. If you're rebranding in six months, save your money.
Why this matters: The application process takes 8-12 months on average. If you're not committed to the name, it's not worth the time or cost.
☐ You have a budget (or you understand the cost)
Filing a federal trademark application isn't prohibitively expensive, but it's not free either. The USPTO filing fee alone ranges from $250-$350 per class of goods/services. If you're hiring a lawyer to handle the application (recommended), expect to pay $1,500-$3,000+ depending on complexity.
Why this matters: If you file on your own and make a mistake (wrong class, insufficient description, improper specimen), you could lose your filing fee and have to start over. A lawyer ensures the application is done right the first time.
☐ You've identified your trademark class(es)
Trademarks are registered by "class," which refers to the category of goods or services you offer. A filmmaker might file under Class 41 (entertainment services). A product-based brand might file under Class 9 (downloadable media) or Class 25 (clothing). If you operate in multiple categories, you may need to file in multiple classes.
Why this matters: Your trademark protection is limited to the classes you register. If you only register for "film production services" (Class 41), that won't protect you if someone starts selling "Kinetic Media" branded clothing.
What to do: Review the USPTO's list of trademark classes and identify which ones cover your work. If you're unsure, this is where a lawyer helps.
☐ You're committed to the process (it takes time)
The USPTO application process typically takes 8-12 months, sometimes longer if there are issues (office actions, oppositions, requests for more information). You'll need to respond to correspondence, provide evidence of use, and potentially revise your application.
Why this matters: If you're expecting instant protection, you'll be disappointed. Trademark registration is a process, not a transaction. But once it's done, your protection is retroactive to your filing date.
What If You Checked Most (But Not All) of These Boxes?
That's normal. Very few people are 100% ready when they first think about trademark protection. The goal of this checklist isn't to create a pass/fail test... it's to help you see where you are and what gaps you need to address.
If you checked 6-8 boxes: You're likely ready to move forward. The next step is a clearance search and filing strategy.
If you checked 4-6 boxes: You're close, but there are a few things to tighten up first (consistent use, clearance search, class identification).
If you checked fewer than 4 boxes: You're not quite ready yet, and that's okay. Focus on consistent use, market validation, and long-term commitment before investing in registration.
The Difference Between "Using a Name" and "Owning a Name"
Here's the part most people don't realize until it's too late: you can build an entire business under a name without actually owning enforceable rights to it.
Common law rights (the rights you get automatically by using a name in commerce) are real, but they're also limited. They're geographically bound, they're harder to enforce, and they don't give you the presumption of ownership that a federal registration does. If someone in another state starts using your name, or if you need to defend your name in a deal negotiation, common law rights often aren't enough.
Federal trademark registration changes that. It gives you:
Nationwide priority (your rights extend beyond your local market)
Legal presumption of ownership (in court, the burden of proof shifts to the other party)
The ability to use the ® symbol (which signals to others that your mark is protected)
A public record of your claim (which deters others from using confusingly similar names)
The option to file for international protection later
This isn't about defensiveness. It's about making sure the infrastructure of your brand can hold the weight of what you're building.
When "Later" Becomes "Too Late"
Most trademark conflicts don't look like courtroom drama. They look like this:
You've been using your production company name for three years. You've built a reputation, landed clients, circulated your work at festivals. Then someone files a federal trademark application for a nearly identical name in your industry. Because they filed first (even though you were using the name first), they now have superior rights nationally. You're forced to rebrand, or negotiate a coexistence agreement, or fight an expensive opposition.
Or this:
You're negotiating a distribution deal, and the distributor asks for proof that you own your brand name. You don't have a registered trademark. The deal stalls while they assess the risk. They pass.
Or this:
A larger company starts using a name very similar to yours. You send a cease-and-desist letter. They ignore it, because you don't have a registered mark and your common law rights are limited to your city. You don't have the leverage to enforce.
The cost of waiting isn't always dramatic. Sometimes it's just... expensive, in ways that are hard to quantify. Lost leverage. Forced rebrands. Negotiating from a weaker position.
The best time to file was when you launched. The second-best time is now, assuming you're ready.
What Happens Next?
If this checklist revealed gaps, close them. Lock in consistent use, run a clearance search, and identify your classes. If you're ready, the next step is filing (or hiring someone to file for you).
If you're building something that's starting to outgrow your local market, if your brand name is becoming a recognizable part of your work, if you're entering deals where ownership matters... it's time to protect the infrastructure, not just the output.
Trademark protection isn't about paranoia. It's about making sure the name you've built your work around actually belongs to you in a way that can be defended, licensed, and scaled.
Ready to Move Forward?
If you've gone through this checklist and you're ready to file (or you're not sure and want to talk through your specific situation), let's have a conversation. We can assess your name, run a clearance search, and build a filing strategy that actually makes sense for the way creative work circulates.
Because the work you're building deserves legal infrastructure that can hold it.