In this episode of HERpresence, attorney Amber shares a cautionary story about a lawyer who spent $30,000 on a rebrand without a trademark search, risking infringement. The conversation breaks down the differences between trademarks (names, logos, slogans), copyrights (original creative works), and patents (inventions), and explains TM versus ®, the USPTO filing timeline, office actions, likelihood of confusion, descriptiveness refusals, and the importance of choosing correct classifications. They discuss renewals, enforcement limits, and why registering an LLC name with the secretary of state is not a trademark. Amber gives practical startup guidance on searching Google and USPTO, using “in use” vs “intent to use,” and avoiding mistakes that require refiling. She also covers NDAs, when to use written contracts instead of handshakes, risks of relying on AI for contracts, goodwill in business sales, and options for engaging her firm, David Eck Law Firm (rebranding to Texas Asset Protection Law) in New Braunfels.
00:00 Branding Without Searches
01:26 Trademark Copyright Patent Basics
02:50 TM vs Registered Mark
03:59 Trademark Filing Timeline
05:36 Rejections and Descriptive Marks
08:31 Classes and Confusion Examples
10:49 Renewals and Enforcement
15:05 LLC Name Is Not Trademark
15:39 Startup Search Strategy
21:00 DIY Filing Risks and Fees
23:45 Meet the Attorney and Firm
27:02 NDAs and Confidentiality Terms
28:54 Confidentiality Terms
29:32 Choosing IP Protection
31:31 LLC vs S Corp Explained
32:28 Liability Structuring Strategy
34:30 Series LLC Breakdown
37:18 Trusts vs LLCs
41:11 Getting Legal Consults
42:47 Handshake vs Contracts
44:47 AI Contract Pitfalls
47:23 Goodwill In Deals
51:58 When To Hire Counsel
54:14 Final Legal Takeaways