The Legal Jim Podcast

5 Trademark Myths That Could Cost You Your Brand


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Every week, entrepreneurs tell me they feel "protected" because they formed an LLC, bought a domain, or started using a name they love.

Unfortunately, none of those things guarantee trademark rights. In this episode, we dive into the biggest trademark myths small business owners still believe—and why they can cost you your brand if you're not careful.

We'll discuss LLCs, domains, first use, common law rights, and what actually gives you nationwide protection. Whether you're naming a new business or rebranding an existing one, this episode will help you avoid costly legal mistakes.

What You'll Learn
  • Why registering an LLC does not protect your business name

  • The truth about domain names and why a ".com" doesn't equal ownership

  • What "first use" really means (and why it still isn't enough)

  • The difference between common law rights and federal trademark protection

  • How these myths lead to legal disputes and forced rebrands

  • What steps to take before you invest in your brand identity

Mentioned in This Episode
  • Hawthorn Law – Trademark Registration & Brand Protection https://hawthornlaw.net

  • Trademark services & resources for entrepreneurs

  • Free legal guides and business-building tools

About James Hart

James Hart is a trademark attorney and founder of Hawthorn Law®. He helps online entrepreneurs, coaches, course creators, influencers, and small businesses protect and grow their brands through smart, strategic legal planning.

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The Legal Jim PodcastBy Jim Hart