Braden walks Dallas through a yellow-flag trademark search for New Era Coaching Academy and shows exactly how to weigh the risk of launching an offer before the trademark is finalized.
Braden Drake is a California-licensed attorney and tax professional who works with creative small businesses and online business owners. He founded Not AVG Law and The Aisle Advisory, and he created programs like Contract Club and Unf*ck Your Biz. Dallas invited Braden on the show to finally face her own trademark uncertainty and bring listeners into the real process.
Dallas brought her brand-new coaching program name to Braden, expecting a legal roadblock. Braden led her through a live trademark search, flagged what to watch for when a name is borderline, and explained how to plan for future business pivots. By the end, Dallas knew how to weigh the risk of launching New Era Coaching Academy before the trademark is finalized.
Here's what Braden helped Dallas work through.
Listen for the moment when Dallas admits she would be upset if someone trademarked her chosen offer name before she did, even though she thought she would be fine with a rebrand.
Key Takeaways
Trademark Decisions Are Not Binary: Trademark protection has gray areas. You can operate comfortably before registering while you test and evolve a new offer.
Test How Distinctive Your Name Is: Distinctive or made-up words make the strongest trademarks. Most program names land somewhere between descriptive and suggestive, which affects your chances of registration.
Weigh Your Attachment to the Name: Before you decide whether the risk of rebranding later is worth it, get honest about how attached you are to the name, emotionally and as a business.
Know What Counts as Proof of Use: Proof of use is stricter than you might expect. Your screenshots need to show the offer name prominently, with a way to buy now. A waitlist page doesn't count.
Register Trademarks Under Your Company: Braden recommends registering under your company instead of as an individual, for liability protection and to make a future sale easier.
Timestamps & Key Topics
[00:00] Dallas introduces Braden and the CrossFit-meets-lawyer backstory
[03:23] Braden breaks down when to bother with trademark registration
[05:05] Dallas names the fear of hiding behind trademark "research"
[07:14] Braden explains what makes a name trademarkable: descriptive vs. distinctive
[09:35] Braden shares personal experience registering different marks
[13:03] Dallas realizes trademark protection doesn't have to be all-or-nothing
[16:05] Braden runs a live USPTO search on New Era Coaching Academy
[20:22] The AI search tool flags yellow, and Braden explains Dallas's options
[24:22] Dallas and Braden discuss risk, attachment to the name, and ways to proceed
[28:19] Braden explains how someone who registers after you can still box you out
[29:09] Dallas details how her evolving program model affects trademark class choices
[33:11] Braden explains "proof of use" and the waitlist pitfall
[39:00] Dallas spotlights Braden's Contract Club for solo coaches needing contracts
Considering a Trademark? Find out in minutes if your name is available to use at www.bradendrake.com/namescout
Book a Trademark Quickie Search and have your name reviewed by a licensed attorney notavglaw.com/trademarks
