Originally Published May 3, 2022.
Last updated February 9, 2026.

What Should I Trademark First?

I get asked this question all the time:
“What should I trademark first?”

The short answer is this:
You should trademark the business assets that carry your reputation, revenue, and recognition.

For most business owners, that looks like this priority order:

1. Your brand name
2. Your signature offer or program
3. Any income-producing systems, methods, or product lines

Let’s walk through each one and why it matters.

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1. Your Brand Name Is Your Most Valuable Asset

Your brand name is how clients find, refer, and remember you. It’s tied directly to your reputation and credibility in the marketplace.

If another business begins using the same or a confusingly similar name, the consequences can be serious:

• Client confusion
• Lost referrals
• Damage to your credibility
• Costly legal disputes you didn’t plan for

When you register a trademark for your brand name, you secure the exclusive right to use that name in connection with the goods or services you provide. More importantly, it gives you the legal ability to stop others from using it in a way that causes confusion.

This isn’t about ego or branding aesthetics.
It’s about control.

2. Your Signature Course, Program, or Framework

If your business includes a signature course, program, mastermind, or framework that clients associate with you, that name deserves protection too.

Here’s the risk most people don’t see coming:
If you don’t trademark a program name, someone else can.

Once that happens:

• You may be forced to rebrand
• You could lose the ability to scale or license the program
• Your original work may no longer feel like it fully belongs to you

Trademark protection helps ensure that your ideas remain connected to you, not diluted or repackaged by someone else using the same name.

3. Other Income-Producing Assets You’ve Created

Many businesses grow beyond a single offer.

You may have:

• A named methodology or system
• A product line
• A branded membership or community
• A workshop series that generates consistent revenue

If an asset:

• produces income, or
• Is central to how people identify your work

This is especially important if you plan to license, franchise, collaborate, or expand beyond one-to-one services.

The Goal Isn’t to Trademark Everything

To be clear: not everything needs a trademark.

The goal is not to file blindly or collect registrations.
The goal is to protect the assets that:

• Carry your reputation
• Anchor your revenue
• Support your long-term growth

A thoughtful trademark strategy prioritizes impact over quantity.

If you’re new to trademark law or feel overwhelmed by the terminology, you’re not alone. I break this down step by step in Trademarks Made Simple, where I explain how trademarks work, what they actually protect, and what business owners should understand before filing.

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FAQ: Trademark Basics for Business Owners

What should I trademark first in my business?

For most business owners, the first thing to trademark is the brand name they operate under. This is typically followed by any signature course, program, or framework, and then other income-producing assets that are central to how the business earns revenue or is recognized.

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Do I need a trademark if I already have an LLC or corporation?

Yes. Business entity registration (such as an LLC or corporation) does not confer trademark rights. Entity filings are handled at the state level and do not prevent another business from using the same or a similar name in commerce. Trademarks protect how your brand is used in the marketplace.

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Can I trademark a course name or program name?

Yes, course names, program names, and branded frameworks can often be trademarked if they function as a source identifier and meet legal requirements. Not every name qualifies, which is why strategy matters before filing.

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What happens if someone trademarks my brand name before I do?

If someone else files first and their trademark is approved, you may be forced to:

• Rebrand your business or offer
• Stop using the name in certain markets
• Spend significantly more resolving the conflict than you would have by filing earlier

This is one of the most common (and costly) issues business owners face.

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Do I need to trademark everything in my business?

No. Trademark strategy is about protecting the right assets, not filing for everything. The focus should be on names tied to reputation, visibility, and revenue, especially those you plan to scale, license, or invest in long-term.

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When is the right time to file a trademark?

The right time is usually when:

• You are actively using the name in business, or
• You have a clear plan to launch and invest in the brand

Waiting until “later” often limits options and increases cost.

For a deeper, plain-language breakdown of trademarks, including common misconceptions and practical next steps, explore Trademarks Made Simple before making any decisions.

You can also watch my free Trademarks 101 video replay for a straightforward walkthrough of how the trademark process actually works.