Before You Fall in Love With That Business Name

The Legal Reality Check Every Woman Founder Needs

By Attorney Asia Wright, The Wright Choice Firm

Reading time: About 6 minutes

Picture this: You've spent months perfecting your business name. It captures your mission perfectly. You can already see it on your dream client's contract, on that collaboration you've been manifesting, maybe even on a retail shelf.

You've registered your LLC, bought the domain, designed your logo. You're so ready to level up.

Years of doing business, marketing, and growing pass excitedly before you finally take the time to hire a lawyer to trademark your business name.

Instead of more happy news about the next stage of growth for your business. You get a devasting call from your attorney.

 Another company — one that's been quietly building their brand while you were building yours — already owns the federal trademark for a name that sounds just like yours. They sell similar products too…You’re devasted.

This isn't just a story. This just happened to one of my clients. And unfortunately, it happens more often than you'd think.

The Truth About Your LLC Registration (And What It Doesn't Protect)

Here's what nobody tells you when you're excitedly filing that LLC paperwork: Your state business registration doesn't check for trademark conflicts.

When Texas approves a business name, they're only ensuring no other Texas LLC has that exact name. They're not checking whether your desired name already holds a federal trademark. They're not verifying that a similar brand isn't already selling similar products on Amazon. That work is up to you.

What happens if you skip the step checking for name availability? The woman at the beginning of the story might end up being you.

 Because here's the legal reality: Once someone has federal trademark protection, they can stop anyone using a "confusingly similar" name in their industry. Even if you were using it first. Even if you had no idea they existed.

What "Confusingly Similar" Really Means (And Why It Matters More Than You Think)

The U.S. Patent and Trademark Office (USPTO) doesn't just protect exact name matches. They protect against buyer confusion.

If your ideal client hears both names and can't immediately tell the difference—or worse, assumes they're the same company—that's infringement territory.

The law looks at:

•        How the names sound when spoken aloud

•        Visual similarity in logos, fonts, and styling

•        The overall impression each brand creates

•        Product market overlap between the businesses (not do you sell the same thing, but could you sell the same things)

Dove soap and Dove chocolate, both totally fine! But "InkedUp" and "Ink’d↑" where one sells temporary tattoos and the other sells tattoo equipment? That's not creative differentiation. That's a lawsuit waiting to happen.

And trust me, you don't want to be on the receiving end of that letter when you're trying to scale.

The Real Cost of Getting This Wrong

Let's talk about what this actually looks like when it happens to you:

The immediate panic. Suddenly, every marketing dollar you've spent feels wasted. Every client relationship built under that name feels fragile.

The rebrand scramble. New domain, new social handles, new business cards, new packaging. If you've already invested in inventory, you're selling it off at a loss or covering labels with stickers.

The opportunity cost. While you're managing this crisis, you're not pitching that dream client or launching that new service line. You're in damage control mode.

The confidence hit. Just when you were feeling like a "real" business owner, you're back to feeling like you don't know what you're doing.

This is exactly what happened to my client. She was ready to order her next batch of labels when we discovered the conflict. What could have been a minor course correction in the naming phase is now a full operational pivot.

Your Power Move: Get Comprehensive Before You Get Committed

The most successful women founders I work with share one trait: They protect their vision before they promote it.

A comprehensive name availability search isn't just about avoiding problems—it's about claiming your space and feeling confident moving forward.

When you know your name is legally yours, you can:

•        Confidently invest in marketing

•        Boldly build relationships under a name you own

•        Negotiate partnerships from a position of strength

•        Scale without looking over your shoulder

•        Dare others to build a similar brand

Think of it as the legal equivalent of market research. You wouldn't launch a product without knowing your competition. Don't launch a brand without knowing your legal landscape.

What a Real Search Includes

Here's what I check when a client wants to secure their brand name:

•        Federal trademark database for exact and similar matches across all relevant categories

•        State trademark registries (because some protection exists at the state level)

•        Common law searches including business directories, social media, e-commerce platforms, and industry publications

•        Domain and social handle analysis to ensure consistent branding is possible

•        Industry-specific screening to catch conflicts in adjacent markets that could affect your growth plans

This isn't a quick Google search. It's a strategic review that gives you the full picture before you make the commitment.

If You're Already Building Under an "Iffy" Name

Maybe you're reading this and thinking, "Too late—I already have business cards printed."

Here's what I tell my clients: You have more options and more time than you think.

•        You can file a simple name amendment with your state (about $150 in Texas) without losing your business history

•        You can create a DBA to test new names while maintaining operations

•        You can strategically phase out old inventory while introducing the new brand

•        You can turn a rebrand into a marketing moment that builds excitement with your audience!

The key is acting strategically, not reactively. This is a business pivot, not a business failure, and a pivot that I’d be happy to help you with.

Your Next Move: Protect Your Vision

If you're in the naming phase, on the verge of a rebrand, or second-guessing the name you're already using, this is your moment.

A comprehensive name availability search gives you what every confident founder needs: reasonable assurance.

Because your business name isn't just a label. Your brand name is the foundation of everything you're building. And foundations matter most when you're scaling up.

Ready to secure your brand name? My Comprehensive Name Availability Search includes everything you need to move forward with confidence.

Stop second-guessing. Start building on solid ground.

Order your comprehensive name search through the Products page of The Wright Choice website.