Influencers and Entrepreneurs: How One Wrong Move Can Cost You Your Trademark

By Davis Law Group Trial Attorneys

In today’s digital economy, influencers and entrepreneurs build brands long before they ever file a trademark application. A single viral post, a sudden surge in followers, or a successful product launch can instantly create commercial value. But with that visibility comes risk. One misstep—often made early in the process—can jeopardize the very trademark you’re relying on to protect your name, your content, or your business.

Whether you’re an influencer growing a personal brand or an entrepreneur launching a product line, understanding how trademark rights work is essential. Georgia business owners and content creators often assume that simply using a name online or registering a domain automatically protects it. Unfortunately, it does not.

This blog outlines the most common mistakes that lead to trademark loss and how to avoid them.

1. Announcing the Brand Before Securing the Trademark

From unveiling a new brand name to showcasing a logo or product design, creators often share branding elements publicly before filing a trademark application. This creates several risks:

• Someone else files for the same mark first

• Opportunistic “trademark squatters” apply to block your use

• Competitors adopt confusingly similar branding

In the United States, trademark rights generally go to the first user in commerce—but the first to file can still create expensive and time-consuming legal challenges.

If you plan to launch or rebrand, secure your name early.

2. Using a Name That Is Too Weak to Protect

• Descriptive names are difficult to register

• Generic names cannot be protected at all

• Common phrases may already be widely used

For example, names like “Beauty Tutorials,” “Healthy Fitness,” or “Mompreneur Coaching” are often considered merely descriptive. Without distinctiveness, you may not be able to stop imitators—or worse, you may face objections from those with similar marks.

A strong trademark is distinctive, suggests but does not directly describe the service, and is not commonly used in your industry.

3. Failing to Maintain Proper Evidence of Use

For influencers and entrepreneurs, “use in commerce” must meet legal standards. Screenshots of a social media profile may not be enough. The USPTO requires specimens that show the mark used in connection with actual goods or services.

Examples of acceptable use include:

• Product packaging showing the mark

• An online store offering items for sale

• Service advertising tied directly to your brand

• Website screenshots showing services offered under the mark

Improper specimens can lead to refusals or cancellations, especially when audited by the USPTO.

4. Relying on Social Media Handles as Evidence of Ownership

Owning an Instagram handle or TikTok name does not give you trademark rights. Influencers often assume that if they secure the handle, they have secured the brand. But:

• Someone else may own trademark rights to the same or similar name

• A handle can be suspended, hacked, or deleted

• A platform can require you to change your name

Without a registered trademark, you have limited recourse.

5. Selling Products Without Brand Control

Entrepreneurs who use print-on-demand services, third-party sellers, or dropshipping arrangements often lose control of the brand if:

• The mark is used inconsistently

• Multiple sellers use the name in different ways

• There is no quality control over products sold under the brand

A lack of quality control can even result in a finding of abandonment, weakening or destroying your trademark rights.

6. Collaborations Gone Wrong

Influencer collaborations are common—but without clear written agreements, the question becomes:

Who owns the trademark?

Joint ventures, shared content, and co-branded products can create legal ambiguity. Georgia businesses frequently face disputes over:

• Ownership of the name

• Right to use the name after a partnership ends

• Profits earned under the brand

• Whether both parties had equal control

Clear agreements and trademark filings prevent chaos later.

7. Choosing Logos or Designs You Don’t Own

Many entrepreneurs hire freelancers or use online design services without obtaining written ownership rights. Without a proper assignment, the artist—not the business—owns the copyright in the logo.

If you don’t own the underlying design, you cannot properly protect it as a trademark.

8. Not Monitoring for Infringement

A trademark is only as strong as your willingness to protect it. If you do not monitor and enforce your rights, your mark can weaken. In some cases, failure to take action may result in:

• Loss of exclusivity

• Reduced ability to stop copycats

• Dilution of your brand

Consistent monitoring and timely enforcement are critical.

How Influencers and Entrepreneurs Can Protect Their Trademarks

1. Conduct a comprehensive clearance search before using or announcing a name.

2. File for federal trademark protection as early as possible.

3. Maintain proof of lawful use that meets USPTO requirements.

4. Use written agreements with designers, collaborators, and contractors.

5. Monitor online platforms and marketplaces for infringement.

6. Work with a trademark attorney to avoid hidden pitfalls.

Conclusion

A strong brand is one of your most valuable assets. Yet for influencers and entrepreneurs, it is also one of the easiest assets to lose. Filing early, choosing a distinctive mark, and avoiding common mistakes can protect your brand from copycats, competitors, and costly USPTO challenges. Davis Law Group Trial attorneys can help protect your business, increase your valuation and preserve your identity in a crowded marketplace with trademark protection. Schedule a consultation or call us at 404-446-2932.