IP Monday Law Blog 

Why Your Lawyer Keeps Killing Your Favorite Brand Names

It’s Halloween season, and while most people are worried about haunted houses or horror movies, business owners often face a different kind of fright: the dreaded “bad news” from their trademark attorney.

You come up with a brilliant name—catchy, creative, and perfect for your brand. You can already see it on signs, packaging, and social media. Then your attorney swoops in with the scythe:

• “That name is too close to an existing mark.”
• “The industry is crowded with similar names.”
• “It will be tough to enforce if challenged.”

Suddenly, your dream brand name is six feet under.

Why So Grim?

It may feel like your trademark attorney is the "Grim Reaper" of ideas, but in reality, they’re guarding you against bigger horrors:

• Costly lawsuits: A cease-and-desist from a competitor can drain your resources fast.
• Rebrand nightmares: Changing a name after you’ve invested in marketing, packaging, and customer recognition can be scarier than any ghost story.
• Weak protection: A generic or descriptive name offers little to no trademark strength, leaving you exposed in the marketplace.

The bad news today saves you from truly terrifying consequences tomorrow.

Turning Tricks into Treats

So how do you keep your brand name alive? A few strategies help turn that grim reaping into a treat:

• Go distinctive: The more unique the name, the better your chances of protection and enforcement.
• Clear the cobwebs early: Conduct searches before you commit, so you don’t waste time and money on a doomed idea.
• Plan for the long term: Choose a name that can grow with your business and stand the test of time.

The Real Role of Your Trademark Attorney

Your attorney isn’t trying to scare you away from success. They’re protecting your business from hidden pitfalls and helping you secure a brand that won’t come back to haunt you.

Yes, they may sound grim at first. But in the end, their goal is to ensure your brand has the strength, distinctiveness, and protection it needs to thrive—not just this Halloween, but for years to come.

Happy Halloween! Here’s to names that are distinctive, protectable, and anything but frightening.

Thinking of launching a new brand? Don’t let it turn into a nightmare later. Contact a member of our IP Law team to clear and protect your next trademark before it’s too late.