LEGAL BLOG

Neil Braslow Neil Braslow

Trademark Strategy for Startup Naming: What to Do Before You Launch

 Treating trademark strategy as an early priority—not an afterthought—can help your business start strong and grow safely.

Choosing a name for your startup is exciting. It’s often one of the first big decisions a business owner makes. But picking a name without thinking about trademark protection can lead to serious problems later. Many startups are forced to rebrand after launch because they didn’t check whether their name was legally available.

A smart trademark strategy before you launch can save you time, money, and stress. Here’s what every startup should know before settling on a business name.

Why Your Startup Name Matters So Much

Your name is more than just words. It represents your brand, your reputation, and the trust customers place in your business. If someone else already owns trademark rights to a similar name, you could face:

  • Cease-and-desist letters

  • Forced name changes

  • Loss of marketing investment

  • Legal disputes

Even if you didn’t mean to copy another business, trademark law does not require bad intent. What matters is whether customers could be confused.

Step 1: Think About Strength, Not Just Creativity

Some names are easier to protect than others. From a trademark standpoint, the strongest names are unique and not descriptive.

For example:

  • Strong names: Made-up words or unexpected combinations

  • Weak names: Names that describe what you sell or where you’re located

A strong name is easier to register, easier to enforce, and more valuable over time. While descriptive names may seem helpful for marketing, they often come with legal risks.

Step 2: Do More Than a Google Search

Many founders assume that if a name doesn’t show up on Google, it’s safe to use. Unfortunately, that’s not true.

Trademark rights can exist even if:

  • The business has a small online presence

  • The name isn’t registered yet

  • The company operates in another state

A proper trademark search looks at federal records, state databases, and common-law usage. This helps uncover conflicts that aren’t obvious at first glance.

Step 3: Think About Your Future Growth

When choosing a name, don’t just think about where your business is today. Think about where it might go in five or ten years.

Ask yourself:

  • Will this name still work if I add new products or services?

  • Could it limit my expansion into new markets?

  • Is the name too narrow or location-specific?

A good trademark strategy allows room to grow without forcing you into another name change later.

Step 4: Understand Industry and Category Conflicts

Two businesses can sometimes use similar names if they operate in very different industries. However, if your business is even somewhat related to another, the risk of confusion increases.

For example, a tech startup and a software consulting firm may be considered related, even if their services are not identical. Trademark law focuses on consumer confusion, not exact matches.

This is why professional legal guidance is important during the naming phase.

Step 5: Secure the Name Before You Go Public

Once you’ve chosen a name, timing matters. Announcing your brand before protecting it can create problems.

Ideally, you should:

  • Confirm the name is available

  • File for trademark protection

  • Secure matching domain names and social media handles

This reduces the chance that someone else claims rights to your brand after you start promoting it.

Step 6: Avoid Costly Rebranding Mistakes

Rebranding is more than changing a logo. It often means updating websites, marketing materials, contracts, and customer communications. It can also damage brand recognition and trust.

Many rebrands happen because businesses skipped early trademark planning. Taking the right steps before launch is almost always cheaper than fixing problems later.

How Legal Guidance Helps Startups Get It Right

Trademark strategy is not just about filing paperwork. It’s about making smart decisions that protect your business long-term. An experienced trademark attorney can help you:

  • Evaluate name strength

  • Identify legal risks early

  • Choose the right protection strategy

  • Avoid expensive disputes

Working with a firm like Braslow Legal gives startups the confidence to launch with a name that is both marketable and legally secure.

Final Thoughts

Your startup name is one of your most valuable assets. Treating trademark strategy as an early priority—not an afterthought—can help your business start strong and grow safely.

Before you invest in branding, marketing, or a public launch, make sure your name is built to last. A little planning upfront can prevent major legal headaches down the road.

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Neil Braslow Neil Braslow

Who Owns Your Content? Copyright and Licensing Tips for Influencers and Creators

In a digital world where content spreads instantly, knowing who owns your work—and how it can be used—makes all the difference.

Creating content online can feel effortless. You post a photo, upload a video, or share a podcast episode, and within minutes it’s being seen around the world. But many creators don’t stop to ask an important question: who actually owns that content once it’s online?

For influencers and digital creators, copyright and licensing are not just legal ideas—they directly affect income, control, and long-term brand growth.

Copyright Starts the Moment You Create

Copyright protection begins as soon as you create original content. That includes photos, videos, captions, blog posts, music, and graphics. You don’t need to file anything for copyright to exist, and you don’t need to post a copyright notice for it to apply.

However, automatic protection has limits. If someone steals your content, registering your copyright gives you stronger legal tools. Registration creates a public record of ownership and allows you to seek higher damages if infringement happens. For creators who rely on content to earn money, this extra protection can be critical.

Why Licensing Matters More Than You Think

Licensing is how creators get paid while keeping ownership of their work. When you license content, you allow someone else to use it under agreed-upon terms. You still own the content unless you sign those rights away.

Problems often start when licensing terms are vague or buried in long contracts. A brand may ask to “use” your content, but what does that really mean? Can they repost it next year? Use it in ads? Share it with partners? Without clear limits, your content can be reused far beyond what you expected.

The Hidden Risk in Brand Agreements

Many influencers are surprised to learn that some contracts give brands full rights to their content forever. This can prevent you from reusing your own work or licensing it to someone else later.

Before signing, creators should understand whether a license is exclusive or non-exclusive, how long it lasts, and where the content can appear. Even small details can have a big impact on future opportunities.

Social Media Doesn’t Equal Free Use

Posting content on social media does not mean it’s free for anyone to use. Copyright still belongs to the creator. That said, each platform has its own rules, and some allow limited use of posted content.

Creators should be careful when reposting others’ work as well. Using music, photos, or clips without permission can lead to takedowns, account strikes, or legal claims. “Everyone does it” is not a legal defense.

What to Do When Your Work Is Copied

Content theft happens fast online. If someone uses your work without permission, you have options. Many creators start with a takedown request, especially when content appears on social media or websites. Others choose to send a formal demand or negotiate a license fee.

The key is acting quickly. Letting misuse continue can weaken your position and make enforcement harder later.

Protecting Your Content Before Problems Arise

The best time to protect your content is before it’s misused. Keeping original files, using written agreements, and understanding platform rules can go a long way. Some creators also register high-value content, such as professional photo shoots or signature videos, to strengthen protection.

These steps may seem small, but together they help creators stay in control of their work.

How Legal Guidance Supports Creators

Copyright and licensing rules continue to evolve as digital platforms change. Working with an intellectual property attorney can help creators avoid common traps, understand contracts, and protect what they’ve built.

An attorney can review licensing terms, register copyrights, and help enforce rights when infringement occurs. Partnering with Braslow Legal allows influencers and creators to focus on creating content while knowing their legal interests are protected.

Final Thoughts

Your content is your business. Whether you’re working with brands, growing a following, or selling digital products, understanding copyright and licensing helps you protect your income and your creative freedom.

In a digital world where content spreads instantly, knowing who owns your work—and how it can be used—makes all the difference.

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Neil Braslow Neil Braslow

Trademark Classes Explained: How to Choose the Right Protection for Your Brand

A little planning now can go a long way toward protecting your brand in the future.

When people apply for a trademark, they often focus on the name or logo they want to protect. But there’s another part of the process that can be just as important—and often confusing: trademark classes.

Choosing the wrong trademark class can delay your application, limit your protection, or even cause your trademark to be rejected. Understanding how trademark classes work helps consumers and business owners protect their brand the right way from the start.

What Are Trademark Classes?

Trademark classes are categories used by the U.S. Patent and Trademark Office (USPTO) to organize goods and services. Every product or service falls into one or more of these classes.

There are:

  • 45 total trademark classes

  • 34 classes for products

  • 11 classes for services

When you apply for a trademark, you must choose the class or classes that best describe how you actually use your brand.

Why Trademark Classes Matter

Your trademark protection only applies to the goods or services listed in your application. That means your trademark is not protected for everything—only for what you specify.

For example, a business name used for clothing may be protected in one class, while the same name used for software could belong to a completely different class. Two companies can sometimes legally use the same name if they operate in unrelated classes.

Choosing the right class helps:

  • Protect your brand from copycats

  • Avoid application delays

  • Prevent expensive re-filing later

  • Reduce the risk of legal disputes

Common Trademark Classes Consumers Encounter

While there are many classes, some appear more often for everyday businesses and creators.

Products may fall into classes like:

  • Clothing and accessories

  • Cosmetics and skincare

  • Food and beverages

Services may include:

  • Online retail services

  • Education or coaching

  • Marketing or consulting

The key is matching your trademark to what you actually sell or provide—not what you plan to offer someday.

One Class or Multiple Classes?

Some brands need more than one class. For example, a company that sells physical products online may need:

  • One class for the products themselves

  • Another class for online retail services

Each class requires a separate filing fee, so it’s important to balance cost with proper protection. Filing too narrowly can leave gaps, while filing too broadly can raise red flags with the USPTO.

Common Mistakes People Make

Many consumers and small business owners make mistakes when choosing trademark classes, often without realizing it.

Some of the most common errors include:

  • Choosing a class that sounds right but doesn’t match actual use

  • Filing for future plans instead of current use

  • Copying a competitor’s class without understanding why

  • Selecting too many classes without a clear reason

These mistakes can slow down approval or weaken your trademark rights.

What the USPTO Looks For

The USPTO reviews trademark applications carefully. If your class does not match your description of goods or services, the examiner may issue an office action asking for clarification or changes.

This can add time, stress, and extra cost to the process. Clear, accurate class selection from the beginning helps keep your application moving forward.

How Trademark Classes Affect Enforcement

Trademark classes don’t just matter during registration—they also affect enforcement. If another business uses a similar name in a different class, you may not be able to stop them.

Proper class selection helps ensure your trademark protection aligns with how consumers see your brand in the marketplace.

Getting Help Choosing the Right Classes

Trademark classes can be tricky, especially for first-time applicants. Many people don’t realize how much strategy goes into selecting the right ones.

An intellectual property attorney can help:

  • Identify the correct class or classes

  • Draft accurate descriptions

  • Avoid unnecessary fees

  • Strengthen long-term protection

Working with Braslow Legal gives consumers and business owners guidance tailored to their specific brand and goals, helping them avoid common filing mistakes.

Final Thoughts

Trademark classes may not be the most exciting part of brand protection, but they are one of the most important. Choosing the right class helps ensure your trademark actually protects what matters to you.

If you’re thinking about registering a trademark, understanding classes before you file can save time, money, and frustration. A little planning now can go a long way toward protecting your brand in the future.

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Neil Braslow Neil Braslow

Trademarks vs. Trade Dress: What’s the Difference and Why It Matters

Understanding the difference between trademarks and trade dress can help business owners better protect what makes their brand unique.

When people think about trademarks, they usually picture a business name or logo. But brand protection goes beyond words and symbols. In some cases, the look and feel of a product or business can also be protected. This is called trade dress.

Understanding the difference between trademarks and trade dress can help business owners better protect what makes their brand unique.

What Is a Trademark?

A trademark protects words, phrases, logos, or symbols that identify the source of goods or services. Trademarks help customers know who they are buying from and help businesses stand out from competitors.

Common examples of trademarks include:

  • Business names

  • Logos

  • Slogans

  • Product names

When registered, a trademark gives the owner exclusive rights to use that mark in connection with specific goods or services. This makes it easier to stop others from using confusingly similar names or logos.

What Is Trade Dress?

Trade dress protects the overall appearance of a product or business. Instead of focusing on a name or logo, trade dress covers how something looks to customers.

Trade dress can include:

  • Product packaging

  • Product shape or design

  • Store layouts

  • Color combinations or décor

For example, the shape of a bottle, the layout of a retail store, or the design of product packaging may qualify as trade dress if customers recognize it as coming from a specific brand.

The Key Difference Between Trademarks and Trade Dress

The main difference is what they protect.

A trademark protects specific identifiers like names and logos.
Trade dress protects the overall visual impression of a product or business.

Even though they are different, both serve the same purpose: helping consumers identify the source of goods or services and preventing confusion in the marketplace.

When Trade Dress Is Protected

Not every design qualifies as trade dress. To receive protection, trade dress must meet certain requirements.

First, it must be distinctive. This means customers associate the look or design with one specific business. In some cases, a business must show that consumers have learned to recognize the design over time.

Second, the design cannot be functional. If a feature is necessary for the product to work or makes it cheaper to produce, it usually cannot be protected as trade dress.

Finally, the trade dress must be used consistently. Changing designs too often can make it harder to show that customers recognize the look as belonging to one brand.

Why Trade Dress Matters for Businesses

Trade dress can be especially valuable for businesses that rely on visual branding. Restaurants, retail stores, consumer products, and hospitality businesses often use design as a key part of their identity.

Protecting trade dress can:

  • Prevent competitors from copying your look

  • Strengthen brand recognition

  • Add value to your business

  • Support marketing and customer loyalty

When competitors copy a distinctive design, it can confuse customers and weaken your brand.

Trade Dress Infringement and Confusion

Trade dress infringement happens when another business uses a similar design that is likely to confuse consumers. Courts look at whether customers might think the products or businesses are connected.

This type of confusion can harm a brand’s reputation and cause lost sales. Taking steps to protect trade dress can make it easier to stop copycats early.

Registering Trade Dress vs. Relying on Common Law

Trade dress can sometimes be protected without registration, but registering it provides stronger rights. Federal registration creates a public record of ownership and can make enforcement easier.

Because trade dress cases can be complex, proper documentation and legal guidance are important from the start.

How Trademarks and Trade Dress Work Together

Many businesses use both trademark and trade dress protection. A logo might be protected as a trademark, while the packaging or store design is protected as trade dress.

Together, these protections create a stronger brand shield. This layered approach can be especially helpful as a business grows and expands into new markets.

Getting Help with Brand Protection

Deciding whether to protect a name, logo, design, or overall appearance is not always simple. An intellectual property attorney can help businesses understand what qualifies for protection and how to secure it.

Working with Braslow Legal allows business owners to develop a brand protection strategy that fits their goals, whether they are launching a new product or strengthening an established brand.

Final Thoughts

Trademarks and trade dress both play an important role in brand protection, but they protect different aspects of a business. Knowing the difference helps business owners make informed decisions and avoid costly mistakes.

If your brand’s look is just as important as its name, trade dress protection may be worth exploring. Taking action early can help protect what makes your business stand out.

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Neil Braslow Neil Braslow

Brand Protection Checklist for New Businesses

Your brand is more than a name or logo. It’s how customers recognize and trust you.

Starting a new business is exciting. You’re choosing a name, designing a logo, building a website, and telling the world about your idea. But many business owners forget one important step: protecting their brand.

Your brand is more than a name or logo. It’s how customers recognize and trust you. If you don’t protect it early, someone else could copy your work—or worse, claim ownership of it. This simple checklist will help new business owners understand the key steps to protect their brand and avoid costly mistakes.

1. Choose a Strong Business Name and Logo

Before you fall in love with a name or logo, make sure it’s strong and unique. Names that are too common or too descriptive can be hard to protect. For example, a name that clearly describes what you sell may not qualify for trademark protection.

A strong brand name is often:

  • Unique or made-up

  • Not already used by competitors

  • Easy to recognize and remember

Taking time at this stage can save you from rebranding later.

2. Search Before You Use

Many new businesses skip this step, but it’s critical. Before using your name or logo, you should search to see if someone else already owns something similar.

This includes:

  • Business name searches

  • Trademark searches

  • Domain name checks

  • Social media handle availability

Using a name that’s already protected can lead to legal trouble, forced name changes, and lost money.

3. Register Your Trademark Early

A trademark protects names, logos, slogans, and other brand identifiers. While you may have some rights just by using a mark, federal registration gives you much stronger protection.

Trademark registration can:

  • Help stop copycats

  • Give you nationwide rights

  • Add value to your business

  • Make enforcement easier

Registering early is especially important if you plan to grow, sell products online, or expand into new markets.

4. Secure Your Domain Names and Social Media Handles

Your online presence matters. Even if you’re not ready to use every platform, you should secure the most important domain names and social media usernames that match your brand.

This helps:

  • Prevent impersonation

  • Keep your brand consistent

  • Avoid paying high prices later

Common choices include .com domains and major platforms like Instagram, Facebook, LinkedIn, and TikTok.

5. Protect Your Website and Content with Copyright

Copyright protects original content such as:

  • Website text

  • Blog posts

  • Photos and videos

  • Marketing materials

As soon as you create content, it is protected by copyright. However, registering your copyright gives you extra legal benefits if someone copies your work.

This is especially important for businesses that rely on content, design, or creative materials.

6. Use Contracts to Protect Your Rights

If you hire designers, writers, photographers, or developers, don’t assume you own their work automatically. Without the right contract language, the creator may keep the rights.

Contracts should clearly state:

  • Who owns the work

  • How it can be used

  • Whether rights are transferred

Clear agreements protect your brand and prevent future disputes.

7. Monitor and Enforce Your Brand

Protecting your brand doesn’t stop after registration. You need to watch for misuse and act when problems arise.

This can include:

  • Monitoring similar trademarks

  • Watching online marketplaces

  • Checking social media for impersonators

Addressing issues early can prevent confusion and protect your reputation.

8. Think Long-Term About Growth

As your business grows, your brand may expand into new products or services. Planning ahead helps you decide what to protect now and what can wait.

A long-term strategy keeps your brand strong as your business evolves.

9. Work With an IP Attorney

Brand protection can be confusing, especially for first-time business owners. Working with an experienced intellectual property attorney helps you avoid mistakes and build a strong foundation.

An attorney can:

  • Conduct proper searches

  • File trademark and copyright applications

  • Help enforce your rights

  • Create a protection strategy that fits your goals

Working with Braslow Legal gives new businesses guidance tailored to their specific needs, helping them protect what they’ve worked hard to build.

Final Thoughts

Your brand is one of your most valuable business assets. Protecting it early can save time, money, and stress later. By following this checklist, new business owners can take smart steps toward long-term success.

If you’re launching a business or want to strengthen your brand protection, speaking with an intellectual property attorney can help you move forward with confidence.

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Neil Braslow Neil Braslow

Copyright for Authors and Writers: What You Need to Know

By understanding the basics of copyright, registering your most important works, and seeking professional advice when needed, you can write with confidence and peace of mind.

Writers invest time, effort, and imagination into creating stories, poems, and articles that move and inspire readers. Each piece of writing represents your voice and your creativity—and protecting that work is essential. Copyright law helps ensure that your writing remains yours and that others can’t use it without your permission.

This post explains how copyright protects your writing, what rights you have as a creator, and how Braslow Legal can help you safeguard your work.

What Copyright Means for Writers

Copyright is a legal protection automatically granted to creators of original works once those works are written or recorded in some form. For writers, that means your story, blog post, or poem is protected the moment it’s typed, saved, or printed. You don’t have to register it for copyright to exist, though registration adds valuable legal benefits.

Copyright gives you exclusive control over your work. You alone have the right to reproduce, distribute, perform, or adapt your writing. If someone copies or shares your work without permission, they may be violating those rights.

What Is and Isn’t Protected

To be eligible for copyright protection, your writing must be both original and “fixed in a tangible form,” meaning it can’t just be an idea in your head. Most forms of written expression qualify, including novels, short stories, essays, scripts, and poetry. Even advertising copy or nonfiction manuals can be protected if they demonstrate enough creativity.

However, copyright doesn’t cover everything. You can’t claim ownership of general ideas, concepts, or facts. Titles, short phrases, and common expressions are also excluded. For example, you can’t copyright the idea of a mystery novel set in Paris, but you can copyright the specific plot, dialogue, and characters you create.

Why Registration Matters

While copyright arises automatically, registering your work with the U.S. Copyright Office strengthens your protection. Registration creates an official record of ownership and gives you the right to sue for damages if someone infringes on your work. It can also help you recover attorney’s fees in legal disputes.

Registering is straightforward: you complete an online application, pay a small fee, and submit a copy of your work. Once it’s approved, you receive a certificate confirming your copyright ownership. Having that record can make all the difference if someone tries to claim your work as their own.

Common Copyright Issues for Writers

Today’s digital world makes it easy for anyone to copy and share content, and writers often face challenges because of that. Plagiarism and unauthorized reposting of articles or blog content are among the most common problems. Others arise when contracts or collaborations create confusion about ownership rights.

If you’re ghostwriting, freelancing, or co-authoring, it’s vital to have clear agreements stating who owns the copyright. Publishing contracts can also be tricky—some may require you to give up more rights than you realize. Always review the fine print before signing and, if possible, seek legal advice to make sure your rights remain intact.

How to Protect Your Writing

Even small steps can go a long way toward protecting your creative work. Keep copies of your drafts and backups, as they provide proof of when and how your work was created. Including a copyright notice—something as simple as “© [Your Name] [Year]”—can also help make your rights clear to others.

For your most important works, consider formal registration. It gives you stronger protection if infringement ever occurs. You can also monitor your work online using plagiarism checkers or Google Alerts to spot unauthorized use. If you find your writing posted elsewhere without permission, a cease-and-desist letter or DMCA takedown notice can help resolve the issue.

How Braslow Legal Can Help

Copyright law can be complex, especially when dealing with contracts, publishing disputes, or online infringement. That’s why professional guidance can make a difference. Braslow Legal helps authors, journalists, and creative professionals protect their rights and handle copyright issues with confidence.

Their team assists with registering works, reviewing and drafting publishing or ghostwriting agreements, and managing licensing deals. They also represent writers in cases of infringement, helping to enforce their rights quickly and effectively. Working with experienced copyright attorneys allows you to focus on your writing, knowing your creative work is fully protected.

Writing in the Digital Age

The internet has made it easier than ever to publish and share your work—but it’s also made it easier for others to copy it. Understanding copyright law helps you maintain control of your creations and ensures that you get proper recognition for your efforts. Whether you publish traditionally, post online, or self-publish eBooks, knowing your rights is the first step toward long-term protection.

Final Thoughts

Your words are your intellectual property, and they deserve the same protection as any other valuable asset. Copyright gives you control over how your work is used and shared, helping you maintain ownership and prevent misuse.

By understanding the basics of copyright, registering your most important works, and seeking professional advice when needed, you can write with confidence and peace of mind. When you’re ready to take the next step in protecting your creative work, reach out to Braslow Legal for guidance and support. They’ll help you protect your writing today—and your creative future tomorrow.

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Neil Braslow Neil Braslow

How to Choose a Strong and Protectable Trademark

Choosing and protecting your trademark is an investment in your business’s future. Take the first step toward securing your brand identity

Your trademark is one of your most valuable business assets. It’s how customers recognize your brand and distinguish it from others in the market. Whether it’s your business name, logo, or slogan, your trademark plays a key role in your company’s identity. Choosing the right one, however, takes more than creativity—it also requires strategy and legal awareness.

In this post, we’ll walk through what makes a trademark strong, what mistakes to avoid, and how Braslow Legal can help you protect your brand from the start.

What Is a Trademark?

A trademark is a word, phrase, design, or symbol that identifies and distinguishes your goods or services from others. It tells customers that your products come from you—and not someone else.

For example, the Nike “swoosh” or the phrase “Just Do It” instantly brings the company to mind. Those marks represent quality, reputation, and trust built over time. But before a business can build that kind of recognition, it needs to select a trademark that’s both distinctive and legally protectable.

The Strength of a Trademark

Not all trademarks are created equal. The law classifies marks into categories that determine how strong or weak they are in terms of legal protection. Here’s a breakdown:

  1. Fanciful Marks – These are made-up words that have no prior meaning, like “Xerox” or “Kodak.” They are the strongest type of trademarks because they are completely unique.

  2. Arbitrary Marks – These use real words that have no logical connection to the product, such as “Apple” for computers. They are also highly protectable.

  3. Suggestive Marks – These hint at what the product does but don’t describe it directly. “Netflix,” for example, suggests streaming entertainment but doesn’t describe it outright.

  4. Descriptive Marks – These describe the product or service, like “Cold and Creamy Ice Cream.” Descriptive marks are weak and often not eligible for protection unless they’ve gained distinctiveness over time.

  5. Generic Terms – Common words like “shoes” or “coffee” can’t be trademarked at all. They simply describe a type of product, not a specific brand.

When choosing your trademark, aim for something fanciful, arbitrary, or suggestive. These are easier to register and defend if someone tries to copy your brand.

Avoiding Common Mistakes

Many businesses make errors early on that can lead to rejection or legal disputes later. Here are a few traps to avoid:

  • Choosing a name that’s too descriptive. A name like “Best Plumbing Service” might tell customers what you do, but it’s too generic to protect.

  • Not doing a trademark search. Before you invest in logos, packaging, or advertising, search the U.S. Patent and Trademark Office (USPTO) database. You’ll want to make sure your name isn’t already registered or too similar to another brand’s.

  • Overlooking similar-sounding names. Even if your spelling is different, similar pronunciations or meanings can still cause legal conflicts.

  • Ignoring future expansion. Pick a name that can grow with your business. If you start local and later expand nationally or internationally, you’ll want a name that remains clear and distinctive across markets.

Why Legal Protection Matters

Registering your trademark with the USPTO gives you exclusive rights to use it nationwide for your goods or services. It also allows you to take legal action against anyone who tries to use a confusingly similar mark.

If you don’t register, your protection is limited to the geographic area where you operate, and enforcing your rights becomes much harder. For businesses planning to grow, federal registration is essential.

A registered trademark also adds credibility to your brand. It can make investors and partners more confident in your business and increase the overall value of your company.

How Braslow Legal Can Help

Selecting and registering a trademark may sound simple, but it involves complex rules and procedures. A small mistake in your application or in your choice of name can lead to costly rebranding or legal disputes.

That’s where Braslow Legal comes in. Their experienced trademark team helps businesses of all sizes choose marks that are both creative and legally strong. They conduct thorough trademark searches, handle all USPTO filings, and manage renewals so your protection never lapses. They can also advise you on potential conflicts before they become major problems, saving you time and money in the long run.

Building a Brand That Lasts

Your trademark is more than a name—it’s a promise to your customers. It represents your company’s quality, values, and reputation. Choosing a strong, protectable mark sets the foundation for long-term success.

Take the time to brainstorm creative ideas, test them for uniqueness, and make sure they’re available for use and registration. Think about how your name or logo will look on your website, products, and marketing materials, and whether it reflects the story you want your brand to tell.

Final Thoughts

A strong trademark can be one of the most powerful tools in your business. It helps customers remember you, builds trust, and gives you the confidence to grow without fear of copycats.

By understanding what makes a trademark legally strong and getting professional help from a trusted legal team, you can protect your brand from the beginning and avoid future headaches.

Choosing and protecting your trademark is an investment in your business’s future. Take the first step toward securing your brand identity by consulting an experienced trademark attorney who can guide you every step of the way.

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Neil Braslow Neil Braslow

Copyright and Social Media: What You Can (and Can’t) Post

By staying informed and taking a few simple precautions, you can enjoy the benefits of social media without risking your account or your reputation.

Social media is where creativity lives. From photos and videos to memes, songs, and artwork, millions of people share original content every day. But with that creativity comes a big question: what can you legally post, and what could get you into copyright trouble? Understanding how copyright law applies to social media is key to protecting yourself and respecting the work of others.

In this post, we’ll break down what copyright means for social media users, how to stay on the right side of the law, and how Braslow Legal can help protect your online content.

What Is Copyright?

Copyright is a legal right that gives creators control over how their original work is used. It protects things like photos, videos, songs, artwork, books, and even website content. Once a work is created and fixed in a tangible form—like a photo saved to your phone or a song recorded on your computer—it’s automatically protected by copyright law.

This means that if someone uses that work without permission, they may be infringing on the creator’s rights. And yes, that includes sharing or reposting on social media without credit or authorization.

What You Can’t Post Without Permission

Many people assume that if something is online, it’s free to use. Unfortunately, that’s one of the biggest copyright myths. Just because an image or video appears on the internet doesn’t mean it’s public domain. The original creator still owns it unless they’ve clearly stated otherwise.

Here are some examples of what you should not post or share without permission:

  • Photos or videos taken by others. Even if they’re on Google or Instagram, they belong to the original photographer.

  • Music clips or background tracks in videos that you don’t have a license to use.

  • Movie or TV clips, even short ones, unless your use qualifies as fair use (which can be tricky to determine).

  • Art, memes, or infographics made by other creators without giving proper credit or obtaining consent.

  • Screenshots of copyrighted content such as digital artwork or eBooks.

Platforms like Instagram, YouTube, and Facebook often remove infringing content, and repeat offenders may lose their accounts. It’s always best to use content you’ve created yourself or that’s licensed for free reuse under Creative Commons or similar terms.

When Fair Use Applies

Fair use is an exception that allows you to use limited portions of copyrighted material without permission—but only under certain conditions. It’s meant to support commentary, criticism, education, and parody.

For example, using a short clip of a movie in a review or posting a meme that clearly transforms the original meaning may qualify as fair use. However, fair use depends on several factors:

  1. Purpose and character of the use. Is it for profit, or educational/commentary purposes?

  2. Nature of the original work. Creative works get stronger protection than factual ones.

  3. Amount used. Using smaller portions is better, though even short clips can violate copyright.

  4. Effect on the market. If your use could hurt the original creator’s ability to profit, it’s likely not fair use.

Because fair use is complex, there’s no guaranteed formula. When in doubt, get permission or consult an attorney before posting.

How to Protect Your Own Content

If you create your own content—photos, videos, music, or blog posts—you automatically own the copyright. But that doesn’t always stop others from copying or sharing it without credit. Here are steps you can take to protect your work online:

  • Add a watermark or copyright notice. Even a simple © symbol and your name can deter misuse.

  • Register your copyright with the U.S. Copyright Office for stronger protection and the ability to sue for damages.

  • Monitor your work using reverse image search or online tools that track where your content appears.

  • File DMCA takedown notices if you find your work being used without permission.

Working with an experienced copyright attorney can also help you handle infringement issues efficiently and protect your creative portfolio.

Why Work with Braslow Legal

Social media copyright law can be confusing, and small mistakes can have serious consequences—especially for businesses, influencers, and creators who rely on online platforms. Braslow Legal helps clients understand their rights, avoid infringement claims, and safeguard their original content.

Their legal team can assist with copyright registration, draft licensing agreements, and respond to takedown notices or disputes. With their guidance, you can post confidently knowing your content is properly protected and you’re using others’ work lawfully.

Tips for Posting Safely on Social Media

To stay safe and respectful online, keep these simple tips in mind:

  • Create and post your own content whenever possible.

  • If you share someone else’s work, ask for permission and give credit.

  • Use royalty-free or Creative Commons-licensed material for music and images.

  • Don’t assume that “no one will notice.” Copyright enforcement tools are stronger than ever.

  • Review each platform’s copyright policy—YouTube and Instagram have strict automated systems.

Final Thoughts

Social media makes it easier than ever to create and share ideas, but it also blurs the lines between sharing and stealing. Understanding copyright law helps you protect your creative work and respect the rights of others.

By staying informed and taking a few simple precautions, you can enjoy the benefits of social media without risking your account or your reputation. And when you need expert help navigating the legal side of content creation, Braslow Legal is ready to guide you.

Protect your creativity, post responsibly, and keep building your online presence the right way.

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Neil Braslow Neil Braslow

How to Protect Your Trademark Internationally (Madrid Protocol Explained)

Protecting your brand internationally is no longer just for big corporations. Even small businesses and startups can benefit from international trademark registration.

When you build a business, your brand name and logo become part of who you are. They help customers recognize and trust your products or services. But what happens when your business grows outside the United States? If you plan to sell your products internationally, you’ll need to think about how to protect your trademark around the world. That’s where the Madrid Protocol comes in.

In this post, we’ll explain how the Madrid Protocol works, why international trademark protection matters, and how Braslow Legal can help guide you through the process.

What Is the Madrid Protocol?

The Madrid Protocol is an international treaty that allows businesses to register their trademarks in multiple countries with a single application. Instead of filing separate trademark applications in each country—each with its own language, fees, and legal rules—you can file one application through the United States Patent and Trademark Office (USPTO) and select the countries where you want protection.

Currently, more than 130 countries are members of the Madrid Protocol, including major markets like Canada, the United Kingdom, the European Union, China, Japan, and Australia. This means that with one streamlined filing, your brand can be protected in nearly every major economy around the world.

Why International Trademark Protection Matters

If you only sell your products or services in the U.S., you may think your U.S. trademark registration is enough. But in today’s global marketplace, businesses can reach customers almost anywhere. Even small online stores can sell internationally through platforms like Amazon or Etsy.

Without international protection, your trademark is only valid in the United States. That means someone in another country could legally register your brand name or logo there. They could even use it to sell similar products, confusing customers and damaging your reputation.

Imagine spending years building your brand, only to find someone overseas is using your name—and there’s nothing you can do about it. Registering your trademark internationally helps prevent that. It ensures your business has the legal right to use and defend its name wherever you operate.

How the Madrid Protocol Works

Here’s a simple breakdown of how the Madrid Protocol process works:

  1. Start with a U.S. Trademark
    You must already have a trademark application or registration in the United States. The international application is based on that original filing.

  2. File Through the USPTO
    You submit your international application to the USPTO, which verifies the information and then sends it to the World Intellectual Property Organization (WIPO).

  3. Select the Countries You Want Protection In
    You choose which member countries you want your trademark protected in. Each country’s trademark office will then review your request according to its local laws.

  4. WIPO Registration and Publication
    Once approved, your trademark is recorded in the WIPO International Register and published in their Gazette.

  5. National Review and Approval
    Each country you selected decides whether to accept your trademark. If they approve, you gain protection there just as if you had registered locally.

This process usually takes less time and costs less than filing in multiple countries individually. It’s especially helpful for growing businesses looking to expand abroad without facing overwhelming paperwork.

Common Mistakes to Avoid

While the Madrid Protocol simplifies international trademark filing, there are still challenges to watch out for:

  • Choosing too few countries – Think ahead about where your business might expand in the future. It’s often easier to protect your mark early than to fight for it later.

  • Assuming approval in all countries – Each country has its own rules, and not all will approve your application automatically.

  • Not monitoring renewals – International trademarks need to be renewed every 10 years, and you must keep track of deadlines to maintain protection.

This is where having legal help can make a big difference. A professional trademark attorney can make sure your application is done correctly and your rights stay protected in every country you select.

Why Work with Braslow Legal

Filing international trademarks may seem simple on paper, but small errors can cause big problems down the road. That’s why partnering with Braslow Legal can save you time, stress, and money. Their team understands the details of U.S. and international trademark law. They can help you decide which countries to include in your application, file your paperwork correctly through the USPTO, respond to any issues from foreign trademark offices, and manage renewals and updates over time.

Final Thoughts

Protecting your brand internationally is no longer just for big corporations. Even small businesses and startups can benefit from international trademark registration. The Madrid Protocol makes the process faster, more affordable, and easier to manage.

Whether you’re selling handmade products online or expanding your company into global markets, your brand deserves strong protection. Don’t let someone else profit from your hard work and creativity.

Reach out to an experienced trademark attorney today to learn how to protect your brand internationally and keep your business secure wherever it grows.

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Neil Braslow Neil Braslow

The Psychology of Trademarks: Why Certain Logos Stick in Your Mind

Trademarks are more than just logos or names—they are powerful tools that combine psychology and legal protection.

When you see a golden arch, a swoosh, or a bitten apple, you immediately know which brand it represents. That’s not by accident. Logos, slogans, and brand symbols are carefully designed to stick in your mind, creating instant recognition and loyalty. But behind this recognition lies a combination of psychology and trademark law. Understanding how trademarks work—and why some logos are more memorable than others—can help businesses protect their identity and create a lasting impact. Braslow Legal often advises clients on how to combine smart branding with strong legal protection, making this a critical topic for creators and business owners alike.

How the Brain Responds to Trademarks

Humans are wired to recognize patterns and remember symbols. A simple, distinctive logo can trigger emotions, recall experiences, and even influence purchasing decisions. Psychologists call this visual memory, and it’s a key reason why some trademarks are so effective.

For example, the Nike swoosh is simple, clean, and easy to recognize. The golden arches of McDonald’s are similarly distinctive. These logos are memorable because they are unique, consistent, and used repeatedly in marketing campaigns. The more exposure a person has to a symbol, the stronger the mental association becomes.

Colors, Shapes, and Emotions

Colors and shapes play a huge role in trademark psychology. Bright reds and yellows often evoke excitement or hunger, which is why fast-food brands like McDonald’s and In-N-Out use them. Blues and greens suggest trust and calm, making them popular choices for tech companies and banks.

Shapes also matter. Rounded shapes tend to feel friendly and approachable, while angular designs convey strength and innovation. By choosing colors and shapes strategically, companies can create a logo that resonates with their target audience and strengthens brand loyalty.

Trademarks as Legal Protection

While psychology helps people remember brands, trademark law protects the businesses behind those brands. A trademark is any word, phrase, logo, or symbol that identifies and distinguishes a business or product from others. By registering a trademark with the U.S. Patent and Trademark Office (USPTO), companies gain the exclusive right to use that mark in commerce.

This legal protection prevents competitors from using similar names or logos that could confuse consumers. For example, if a new fast-food chain tried to copy the golden arches, McDonald’s could file a trademark infringement claim to protect its brand.

Why Strong Trademarks Stick

Not all trademarks are created equal. Some logos fail to resonate or are easily forgotten. Strong trademarks share several key characteristics:

  • Distinctiveness: A unique name or symbol that doesn’t describe the product literally. For example, “Apple” is a strong trademark for technology because it doesn’t describe computers.

  • Simplicity: Simple designs are easier to remember and reproduce across platforms. The Nike swoosh is a perfect example of simplicity and memorability.

  • Consistency: Using a logo, colors, and style consistently across products, packaging, and marketing strengthens recognition.

  • Emotional Connection: Trademarks that evoke feelings, experiences, or aspirations tend to stick in people’s minds. Disney, for instance, uses logos and mascots that trigger nostalgia and joy.

Businesses that combine these elements often find their trademarks becoming household symbols, which not only drives sales but also strengthens their legal position in case of infringement.

Real-World Examples

Some of the most effective trademarks in history have mastered both psychology and legal protection. Coca-Cola’s script logo, the Nike swoosh, and the Starbucks mermaid all create instant recognition. These companies consistently use their logos, reinforce them through advertising, and legally protect them against unauthorized use.

Even smaller brands can benefit from the same approach. A startup with a distinctive name and logo that appeals to its audience can build strong brand equity over time. By registering trademarks early, small businesses protect their investments and make it easier to enforce their rights if someone tries to copy their brand.

The Role of Legal Guidance

Creating a memorable trademark is only part of the equation. Ensuring that it is legally enforceable is equally important. Trademark law can be complicated, with rules about what can be protected, how to register, and how to monitor for infringement. Working with experienced legal professionals, like those at Braslow Legal, can help businesses navigate these complexities and maximize the value of their trademarks.

Legal guidance can help you:

  • Conduct a thorough trademark search to avoid conflicts.

  • File your registration correctly with the USPTO.

  • Monitor the market for potential infringements.

  • Enforce your rights through cease-and-desist letters or litigation if necessary.

Final Thoughts

Trademarks are more than just logos or names—they are powerful tools that combine psychology and legal protection. A well-designed, memorable trademark not only creates brand recognition but also strengthens your business legally. By understanding how people perceive and remember symbols, and by securing your rights through registration, you can protect your brand and build lasting customer loyalty.

In today’s competitive market, trademarks are a business asset as valuable as any product or service. Investing in both creative design and legal protection ensures that your brand will be remembered and defended. Braslow Legal is dedicated to helping businesses understand and protect their trademarks, guiding them through both the creative and legal processes to maximize brand value.


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