Building a unique brand is essential for online entrepreneurs, but securing trademark protection can be challenging—especially when a name is too similar to an existing brand or descriptive in nature. This was the case for Ken Westgaard, founder of Launching By Design, a company that helps online entrepreneurs with launch strategies, messaging, and campaign management.

To avoid potential legal risks and ensure strong brand protection, Ken partnered with Indie Law for trademark registration. Through expert guidance, he navigated name modification, intent-to-use filing, and trademark strength concerns, ultimately securing a distinctive and legally protected brand name: Launching By Choice.

Trademark Challenges for Launching By Design

•  Trademark Similarity Concerns

Ken received feedback that “Launching By Design” was too similar to an existing trademark, "Business By Design." This posed a risk of trademark opposition or legal challenges, which could block his application.

• Descriptive Trademark Issues

Trademark protection is weaker for descriptive names. Since “Launching By Design” directly described the services offered, it lacked the distinctiveness needed for strong legal protection.

• Need for Name Modification

To reduce the risk of confusion, Indie Law suggested modifying the name—either by adding Ken’s name (e.g., "Launching By Design with Ken Westgaard") or choosing a more unique trademark.

• Intent to Use Filing

Ken opted to file under an intent-to-use basis, meaning he could secure the trademark before fully using it. However, this required understanding additional steps and proof of use requirements later in the process.

• Payment Processing Issues

Unsuccessful payment attempts led to confusion about his trademark service subscription, delaying progress.

• Time Sensitivity and Ongoing Communication

With strict deadlines, Ken needed to finalize the application quickly while maintaining clear communication with his legal team to avoid unnecessary delays.

How Indie Law Helped Strengthen the Trademark

With Indie Law’s guidance, Ken successfully addressed these challenges through strategic trademark decisions:

• Trademark Name Modification – Ken transitioned to a stronger brand name, "Launching By Choice," ensuring distinctiveness and avoiding conflicts.
• Trademark Strength Education – Indie Law provided insights into why unique brand names receive stronger legal protection.
• Naming Strategy Resources – Ken gained access to Joey’s Naming Masterclass and a referral to a naming expert to refine his brand identity.
• Intent-to-Use Filing Approval – Indie Law ensured Ken understood the proof of use requirements and next steps for securing full registration.
• Efficient Communication & Check-ins – Regular updates kept the process on track, minimizing confusion and delays.
• Payment Resolution – Quick action resolved payment processing issues, allowing the trademark application to move forward smoothly.
• Thorough Trademark Review – The final application was reviewed and confirmed before submission, reducing the risk of errors.

The Results: A Legally Protected and Stronger Brand

• Distinctive Trademark Name: Ken successfully rebranded to "Launching By Choice", ensuring better trademark protection.
• Legal Brand Security: His trademark was successfully filed, laying the foundation for full registration under an intent-to-use basis.
• Stronger Brand Identity: With a non-descriptive and uniquely crafted name, Ken’s brand now stands out in the market.
• Ongoing Legal Support: Clear communication and expert legal guidance helped Ken navigate the process with confidence and clarity.

Key Takeaways for Entrepreneurs

• Choose a Distinctive Name – Avoid descriptive names to strengthen brand protection.
• Check for Trademark Conflicts Early – Research existing trademarks to reduce the risk of opposition.
• Understand Intent-to-Use Filings – This allows you to secure a trademark before full usage, but requires proof of use later.
• Stay on Top of Communication & Deadlines – Clear communication prevents delays and application errors.
• Work with Trademark Experts – Legal guidance makes the process smoother and stress-free.

Final Thoughts: The Power of a Well-Protected Brand

Ken’s trademark journey with Indie Law highlights the importance of choosing a strong brand name and securing trademark protection early. With the right legal strategy and expert support, entrepreneurs can safeguard their brands and focus on business growth with confidence.

Looking for More Insights?

Want to learn more about trademarks and brand protection? Check out these related articles from Indie Law:

• Intent-to-Use Trademark Applications: What You Need to Know
• Comprehensive Trademark Search Guide: How to Avoid Costly Conflicts
• The Trademark Attorney’s Role in the Registration Process