“Should I Trademark My Business Name?” If You’re Asking, You Already Know the Answer

A note from Nora. Magazine’s Editor-in-Chief:

There’s a quiet voice many women entrepreneurs hear when they start thinking about legal protection. It says: You’re not big enough yet. You don’t really need this. Maybe you’ve heard that voice too. Maybe it’s the reason you’ve been putting off contracts, trademarks, or business registration for months.

Here’s what that voice gets wrong: legal protection isn’t something you earn after reaching a certain revenue number or follower count. It’s something your business deserves from the day you start building it. And the fact that you’re even asking the question tells you something important about where you are and what you’re ready for.

In Issue 001 of Nora. Magazine, attorney Nicole Cheri Oden breaks down why so many women entrepreneurs delay legal protection, what that delay actually costs, and how even the smallest legal steps can change the way you show up, price your work, and grow your business.

Table of Contents

Why Women Entrepreneurs Delay Legal Protection

Your Business Is Already Worth Protecting

Trademarks, Contracts, and Entity Formation: What Actually Matters

Legal Protection as a Confidence Builder

Where to Start When Legal Feels Overwhelming

Key Takeaways

Meet the Contributor

Read the Full Article in Nora. Magazine

Frequently Asked Questions

Why Women Entrepreneurs Delay Legal Protection

Most business owners know they should have contracts, protect their brand name, and set up their business entity properly. And most put it off anyway. The reasons tend to sound practical: I need to earn more first. I’ll handle it after the next launch. I’m not big enough for that yet.

But beneath those reasons, something else is usually going on. For many women, taking legal steps can feel presumptuous, like claiming space you haven’t yet “earned.” There’s a quiet, conditioned belief that your business needs to prove itself before it deserves real protection. That trademarking your name or hiring a lawyer is something you do after you’ve made it, not while you’re still figuring things out.

That belief is expensive. Legal issues don’t wait until you feel ready for them. A client dispute, a copycat, a contractor gone sideways: these things happen to businesses of every size. And when they happen without legal protection in place, they cost more than money. They cost time, energy, relationships, and credibility.

The shift Nicole encourages is simple: stop thinking of legal protection as a reward for success and start treating it as a condition for building well.

Your Business Is Already Worth Protecting

There’s a persistent myth that legal protection belongs to six-figure businesses, companies with employees, or brands with massive visibility. That’s not how it works.

What makes a business ready for legal protection has nothing to do with revenue and everything to do with what you’re building. If any of these describe you, your business already has value worth protecting:

• You’re working with clients or collaborators
• You’re creating original content, products, or a brand identity people recognize
• You’re accepting payments online
• You’re investing real time and energy into building something that lasts
• You’re starting to attract attention, from clients, competitors, or people who might borrow a little too freely from your work

Each of these is a signal. Your business has something worth claiming, and the earlier you put protections in place, the easier it is to set expectations, preserve relationships, and avoid problems before they turn costly.

Waiting until something goes wrong is the most expensive legal strategy there is.

Trademarks, Contracts, and Entity Formation: What Actually Matters

Legal protection sounds like one big thing, but it’s really a handful of specific, manageable steps. Here are the three that matter most for small business owners and solopreneurs:

Contracts set the terms of your working relationships in writing. A good client agreement covers scope, timelines, payment terms, intellectual property ownership, and what happens if things don’t go as planned. Without one, you’re relying on assumptions, and assumptions are where disputes are born. If you do nothing else on this list, get a solid contract template in place for your client work.

Trademarks protect your brand identity: your business name, logo, tagline, or other recognizable elements. Registering a trademark gives you legal ownership over that identity and the right to prevent others from using something confusingly similar. If your brand name is central to how people find you and trust you, trademark protection is worth pursuing sooner rather than later.

Entity formation (like forming an LLC or corporation) separates your personal assets from your business liabilities. If someone sues your business, a properly formed entity can protect your personal finances, your home, and your savings from being on the line. This is one of the most practical forms of protection a solo business owner can put in place.

None of these need to happen all at once. Many founders start with a single client agreement and build from there.

Legal Protection as a Confidence Builder

This is the part most people don’t expect: legal protection changes how you feel about your business. Not just how safe it is, but how you carry yourself inside of it.

When your contracts are clear, you stop second-guessing client conversations. When your brand is trademarked, you stop worrying about someone else claiming your name. When your business is properly structured, you stop carrying the low-grade anxiety of what would happen if something went wrong?

Nicole makes the case that legal protection is a quiet act of leadership. It’s a decision that says: what I’m building matters enough to protect. And that decision has a ripple effect. It changes how you price your work, how you negotiate, how you communicate with clients and partners, and how you think about the future of your business.

It also matters for legacy. A legally protected business is easier to scale, license, or sell. It’s more attractive to partners and more respected in your industry. Even if selling your business is nowhere on your radar, the work you do still impacts your family, your community, and the people you serve. That impact is worth building on a solid base.

Where to Start When Legal Feels Overwhelming

Legal overwhelm is real, and it’s one of the biggest reasons business owners keep putting this off. The terminology is unfamiliar, the options feel endless, and when you’re already doing everything in your business, adding “figure out legal” to the list can feel impossible.

The good news: you don’t need to become a legal expert. You need to take one step.

If you work with clients: start with a contract. Find a template designed for your industry (there are affordable, attorney-drafted templates available from legal professionals who specialize in small business). Customize it. Use it for every engagement going forward.

If your brand name is central to your business: look into trademark registration. You can search the USPTO database yourself to see if your name is available, and many trademark attorneys offer flat-fee packages for small businesses.

If you’re operating without an LLC or formal business structure: talk to a business attorney or accountant about whether entity formation makes sense for your situation. In many states, forming an LLC is straightforward and affordable.

If you’re not sure where to start: read the full article. Nicole’s piece in Nora. Magazine walks through the mindset shifts and practical steps in a way that feels accessible, not overwhelming.

The key thing to remember: each step you take builds stability. You don’t need to do it all today. You just need to stop telling yourself your business isn’t ready.

Key Takeaways

• Legal protection isn’t a milestone you earn. Your business deserves it from day one, regardless of revenue, audience size, or how long you’ve been in business.
• Waiting until something goes wrong is the most expensive legal strategy. Contracts, trademarks, and entity formation are easier and cheaper to set up proactively than to scramble for after a dispute.
• You don’t need to do everything at once. Start with one step: a client contract, a trademark search, or an LLC filing. Build from there.
• Legal protection changes how you lead. When your business is protected, you show up differently in pricing conversations, client relationships, and long-term planning.
• Your business impacts your family, your community, and your industry. That impact is worth building on solid ground.

Meet Our Contributor

Read the Full Article in Nora. Magazine

This post covers the core ideas, but the full article in Issue 001 of Nora. Magazine goes deeper into the mindset shifts that keep women from seeking legal help, the connection between legal protection and long-term legacy, and practical guidance for getting started. Read the full article here →

Take Inspired Action

Pick one legal step you’ve been putting off. Just one. Maybe it’s downloading a contract template, searching the USPTO for your business name, or scheduling a 15-minute consult with a small business attorney. You don’t need to finish it today. You just need to stop waiting until you feel “ready enough.”

Frequently Asked Questions

When should I trademark my business name?

If your brand name is how people find you, recognize you, and refer you to others, it’s worth protecting sooner rather than later. You don’t need to wait until you’re making a certain amount of money. Many entrepreneurs file trademarks within their first year of business. The longer you wait, the greater the risk that someone else registers a similar name first.

Do I really need a contract if I’m a solopreneur?

Yes. Contracts aren’t just for businesses with employees or large teams. If you work with clients, collaborators, or contractors in any capacity, a written agreement protects both sides. It sets clear expectations around scope, payment, timelines, and intellectual property so that misunderstandings don’t turn into disputes.

How much does it cost to trademark a business name?

Filing a trademark application with the USPTO starts at around $250-$350 per class of goods or services. Many trademark attorneys offer flat-fee packages for small businesses that include the search, filing, and follow-up, typically ranging from $1,000 to $2,000 total. Costs vary depending on complexity, but it’s far less expensive than fighting a trademark dispute after the fact.

What’s the difference between a trademark and an LLC?

They protect different things. A trademark protects your brand identity (your business name, logo, or tagline) from being used by someone else. An LLC (Limited Liability Company) protects your personal assets (home, savings, personal bank accounts) from business liabilities. Most small business owners benefit from having both, but they serve separate purposes.

I’m just starting out. Is it too early for legal protection?

No. If you’re working with clients, creating original content, accepting payments, or building a brand people recognize, your business already has value. Legal protection doesn’t require a certain revenue threshold or business age. Starting with a single step, such as a client contract or a trademark search, is sufficient. The earlier you begin, the less it costs and the fewer problems you’ll face later.

Related Articles from Nora.

• Can’t Relax? It’s Not Laziness—It’s Your Nervous System in Survival Mode — The same conditioning that tells you to keep hustling also tells you your business isn’t “enough” yet. Shula’s piece on survival mode and toxic productivity pairs well with this one.
• Why Relationship Marketing and Referrals Outperform Tech Funnels Every Time — Protecting your business legally goes hand in hand with building it through trust. Kristen Tierney’s article on relationship marketing shows what that looks like in practice.