Influencers and Entrepreneurs: How One Wrong Move Can Cost You Your Trademark
- Shannon Davis
- Nov 23
- 5 min read
For Georgia influencers and entrepreneurs, your brand is often your most valuable asset. A memorable name, logo, or slogan can be the difference between getting lost in the scroll and building a loyal following that buys what you sell. But here is the hard truth: one careless move can cost you your rights in that brand. Misunderstanding how these systems work can put your brand at risk.
If you are building a brand in Georgia, this is what you need to know.
For questions about your specific situation, you can contact Davis Law Group Trial Attorneys at 404-446-2932.
1. Assuming a Georgia LLC or Trade Name Registration Protects Your Brand
Many Georgia entrepreneurs believe that once they file their LLC or trade name with the Georgia Secretary of State, they “own” the name and can stop others from using it. In reality:
A business entity filing (LLC, corporation) simply allows you to operate under that name in Georgia’s corporate records.
A trade name or DBA filing allows you to operate under a fictitious name.
Neither is a substitute for trademark rights.
A different company—possibly outside Georgia—could have already registered a confusingly similar mark with the U.S. Patent and Trademark Office (USPTO). That company may have the right to force you to rebrand, even if you formed your LLC first.
Georgia takeaway: Your Secretary of State filings do not create trademark rights. They must be coordinated with a proper trademark clearance search and, when appropriate, federal or Georgia state trademark registration.
2. Using a Weak or Descriptive Name That Georgia Law Will Struggle to Protect
Georgia businesses often choose names that describe exactly what they do because it feels clear and marketable:
“Atlanta Luxury Lash Bar”
“Savannah Mompreneur Coaching”
"Georgia Fitness"
Under federal and Georgia trademark principles, these names may be descriptive rather than distinctive. That means:
They may be difficult to register at the federal level.
Competitors may be able to use similar wording without infringing.
Your enforcement options in Georgia courts may be limited.
A strong trademark is inherently distinctive—it suggests your services without directly describing them.
Georgia takeaway: If your brand name sounds like a category or simple description (especially tied to a Georgia city or region), it may be weak from a trademark perspective. Strengthening the name up front can save you from expensive disputes later.
3. Believing Social Media Handles or Follower Counts Create Trademark Rights
Influencers often believe:
“I had the handle first, so I own the brand.”
“I have the largest following under this name, so no one can take it.”
But neither Georgia law nor federal trademark law works that way.
Handles are governed by platform policies, not trademark law.
A platform can suspend, reassign, or remove a handle.
If someone else has prior trademark rights, you may be the one forced to change names—even if you are bigger online.
Actual use in commerce under a protectable mark (and, ideally, registration) is what gives you enforceable rights, not the size of your followers.
Georgia takeaway: Having an Instagram handle, TikTok name, or Facebook page is not the same as having a protectable trademark. Georgia influencers should treat social media as evidence of use, not as the legal foundation for ownership.
4. Misunderstanding “Use in Commerce” for Georgia-Based Businesses
Trademark rights in the U.S. arise from use in commerce, but creators often misunderstand what that means.
For Georgia influencers and entrepreneurs, “use” typically means:
You are actually selling goods or services to customers,
Under the brand name or logo,
In a way that is publicly visible and tied to the sale.
Examples of acceptable specimens for federal registration may include:
Product packaging with your mark shipped to customers.
Website screenshots showing your mark next to a “buy now” or “book now” button.
Ads clearly offering services (consulting, coaching, speaking, content creation) under the brand name.
Simply having a Georgia-based profile with inspirational posts, or “coming soon” announcements, is usually not enough by itself.
Georgia takeaway: To build both federal and Georgia common-law trademark rights, you need real, commercial use of the brand in connection with the goods or services you offer—not just branding aesthetics.
5. Overlooking Georgia Common-Law and State Trademark Rights
Even if you have not filed a federal application, using a mark in Georgia can create common-law trademark rights
Georgia offers state trademark registration through the Secretary of State.
A Georgia state registration can help bolster your rights within the state, though it does not replace a federal registration.
However, these rights are limited:
Common-law rights are generally confined to the area where you are actually using the mark.
You are recording
For brands with online reach, customers outside Georgia, or plans to scale, federal registration is usually critical.
Georgia takeaway: Georgia law can offer a first layer of protection, but if your audience extends beyond Georgia—or you want to stop infringers in other states—you should be thinking about federal registration coordinated with your Georgia presence.
6. Collaborations and Brand Deals Without Clear Ownership Terms
Influencers and entrepreneurs in Georgia frequently collaborate with:
Photographers and graphic designers
Other influencers and content creators
Georgia-based brands for sponsored campaigns
Local or regional vendors
Without clear, written agreements, you may face disputes about:
Who owns the brand name or logo developed during the collaboration
Who has the right to keep using the mark if the relationship ends
How profits tied to the brand are divided
Georgia takeaway: Under both federal intellectual property principles and Georgia contract law, ownership and usage rights should be spelled out in written agreements before you invest heavily in a collaborative brand.
7. Not Monitoring or Enforcing Your Brand in Georgia and Beyond
Once your mark is in use and (ideally) registered, you have to protect it. If you allow others—especially in Georgia—to use confusingly similar names without objection, your rights can weaken over time.
This might look like:
Another Atlanta business using your name with a small twist.
A Georgia-based influencer adopting a nearly identical brand for similar services.
Vendors using your brand name generically, rather than as a specific source.
Federal and Georgia law both recognize that failure to police a mark can lead to narrowing or loss of rights.
Georgia takeaway: Regular monitoring, cease-and-desist letters where appropriate, and periodic legal review are all part of maintaining the strength of your trademark.
How Davis Law Group Trial Attorneys Helps Georgia Influencers and Entrepreneurs
At Davis Law Group Trial Attorneys, we assist Georgia-based creators and business owners with:
Trademark clearance searches to identify conflicts before you launch or rebrand
Federal and Georgia state trademark applications
Specimen and “use in commerce” strategy tailored to online businesses
Ownership and collaboration agreements under Georgia law
Enforcement letters and, when needed, litigation to protect your brand
We understand that influencers and entrepreneurs often blur the line between personal brand and business asset. Our role is to ensure that what you are building online is legally protected offline.
Protect Your Brand Before a Mistake Costs You Everything
The time to protect your trademark is before a problem arises, not after a competitor, copycat, or platform dispute forces you to rebrand.
If you are:
Launching a new brand or product line
Growing a Georgia-based influencer or coaching business
Concerned someone else is using your name or logo
Unsure whether your current name is even protectable
Now is the time to get legal guidance, schedule a consultation or call us at 404-446-2932
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