Hi Reader!

Many creative business owners start their businesses without even realizing it. They have a creative outlet, an opportunity to collaborate, or a personal project. And it ends up turning into a business.

Sadly, while this organic process is great for testing the waters, it can lead to some major headaches from the legal side.

This is why a couple of times a year, I have to tell a client she has to re-brand her business.

If you name your business something too close to someone else’s trademark, you'll find out sooner or later. (Usually, in the form of a nasty lawyer-drafted cease and desist letter.)

And when it happens, you’ll have to re-brand. You'll have to start over from scratch. You'll have to rebuild brand recognition, business goodwill, and pretty much everything.

This is why it's critical to do the proper research ASAP.

Because even if the URL or social media accounts are available, it doesn't mean it's okay to use.

In a perfect world, you’d either do a full trademark search (or hire someone to do one for you).

But a good first step is doing what we attorneys call a USPTO knockout search. And that’s your action item for today.

Here’s the quick version of how to do a knockout trademark search:

• Go to the USPTO trademark search database​
• Switch from “Basic” to “Expert” on the right-hand side of the screen.
• Hit the blue “Wordmark” box and scroll down to the final dropdown “Field tag and search builder” to select it.
• Once it loads, click the carat next to “Search builder” to expand it.
• Type CM in the “Type to select field tag” box.
• Type your business name in the “Search text” box.
• Click “Build” and hit the magnifying glass to search.

And cross your fingers that you don’t find any results.

If you do, then this means another business is using your exact name. And you’ll want to examine each record individually (more on how to do that in the detailed trademark search blog post).

👉 Your action item: Do a USPTO knockout search to see if there are any businesses out there with the exact same name.

Did you complete this task? Come share your thoughts about doing a knockout trademark search on LinkedIn or Facebook.

I'll be sitting at my computer until about 9:30 AM Pacific and I'd love to know if you run into any roadblocks in completing this week's task. (And if you are reading this after then, please reply! I'll get back to you ASAP.)

Chat soon,

P.S. Imagine logging off Instagram knowing your top-selling artwork is locked down. Starting 2/17, I’ll teach you how to create your copyright strategy. It’s a live challenge for creatives who want clarity, protection, and action. Ready? Join the interest list here.

P.P.S. I'm considering hosting a podcast, but before I dive in, I'd love to know if that's a resource that you would utilize. Could you do me a favor and let me know your thoughts?

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How the FTC’s Mail Order Rule could impact your e-commerce business

Run an e-commerce business? Did you know the FTC has rules that regulate your shipping policies? (And failure to comply with these rules can result in a $53,088 fine per order.) Learn the 4 steps your e-commerce business should take to stay compliant.

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Other things on my radar...

• If you have a recurring membership or subscription, the FTC’s new Click to Cancel rule is now in effect.This is a good rundown of the requirements.
• If your website targets children, then there have been updates to the privacy laws around collecting children’s information. Read more about the COPPA updates here.

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❤️ Easy to understand legal resources should be available to every creative, regardless of their financial situation. If one of my resources has helped you and you would like to say “thank you”, you can make a contribution here. ❤️