The Dream Name

We had the perfect name. It was memorable, evocative, and captured exactly what our fishing app was about. We'd checked the App Store—no conflicts. We'd Googled it—nothing alarming. We'd even bought the domain name.

We spent months building the brand around this name. Logo design. Website copy. App Store screenshots. Marketing materials. Social media handles. Even merchandise samples.

And then, three weeks before our planned launch, we discovered the problem.

The Wake-Up Call

A routine trademark search—one we should have done six months earlier—revealed a registered trademark in our exact category. Not similar. Not "close enough to worry about." Identical use case, registered years before we even started.

The trademark holder? A well-funded company with legal resources we couldn't match. They had every right to the name. We had none.

The Reality Check

Total cost of our mistake: $23,000+

  • Rebranding design work: $8,500
  • New domain acquisition: $2,400
  • Website rebuild: $4,200
  • App Store assets recreation: $3,100
  • Lost marketing materials: $2,800
  • Legal consultation: $2,000

Timeline delay: 6 weeks

What We Should Have Done

Here's the painful truth: A comprehensive trademark search before committing to the name would have cost us $500-1,500 and taken less than a week.

Instead, we paid 15-46x more and lost critical launch momentum.

The Proper Trademark Due Diligence Process

Step 1: Initial Free Searches (Day 1)

  • USPTO TESS Database - Search US registered trademarks
  • Google search - Check for common law usage
  • Domain availability - Via Namecheap, GoDaddy, etc.
  • Social media handles - Instagram, Twitter, TikTok
  • App Store search - iOS and Android

Cost: $0 | Time: 2-3 hours

Step 2: Comprehensive Trademark Search (Week 1)

If initial searches look promising, hire a trademark attorney or use a professional search service.

What they search:

  • Federal trademark database (USPTO)
  • State trademark registrations (all 50 states)
  • Common law usage (unregistered but active)
  • International databases (WIPO, EU, Canada, etc.)
  • Similar phonetic names
  • Related industry categories
  • Domain name registrations
  • Business name databases

Cost: $500-1,500 | Time: 3-7 days

Step 3: Legal Opinion (Week 2)

Attorney reviews search results and provides written opinion on risk level.

Cost: $500-1,000 | Time: 2-5 days

Step 4: File Your Trademark (Week 3)

If clearance is obtained, file immediately to establish priority.

Cost: $250-350 USPTO filing fee + $500-1,500 attorney fees | Time: 1 day to file

Total Proper Due Diligence Cost

$1,750 - $4,350 and 2-3 weeks

Compare to our $23,000+ mistake and 6-week delay.

Red Flags We Missed

Looking back, there were warning signs we ignored or didn't know to look for:

1. "The domain is taken but parked"

We found a premium domain for sale and thought "great, we can negotiate." What we should have thought: "Why does someone own this already?"

Lesson: If a domain is taken—especially a .com in your exact industry—investigate thoroughly before moving forward.

2. "There's a company with a similar name, but different industry"

We found a home services company with our name. "Different industry, no problem," we thought.

Wrong. Trademark categories are broad. Their Class 42 registration covered mobile apps. Our fishing app fell right into their protection zone.

Lesson: Understand trademark classes. Names can be protected across multiple categories.

3. "It's just one small mention in search results"

We saw references to a company using the name in the 2000s. Assumed they were defunct.

Wrong again. They had rebranded but maintained their trademark registration. It was still active and enforceable.

Lesson: Trademark registrations outlive the companies that filed them. Check official databases, not just Google.

The Rebranding Nightmare

Once we confirmed the conflict, we had three options:

  1. Fight it - Legal battle we'd likely lose, costing $50,000-200,000+
  2. License the name - They weren't interested, and we had no leverage
  3. Rebrand immediately - Painful but necessary

We chose option 3.

What Rebranding Involved

Week 1: Emergency Planning

  • Assembled crisis team (founders, designer, developer, attorney)
  • Brainstormed 50+ alternative names
  • Ran preliminary trademark searches on top 10
  • Selected final 3 candidates
  • Commissioned comprehensive trademark search on all 3

Week 2-3: Clearance & Design

  • Received clearance on final name choice
  • Filed intent-to-use trademark application
  • Purchased all domain variants (.com, .app, .io)
  • Redesigned logo and brand assets
  • Updated all app UI with new branding

Week 4-5: Implementation

  • Rebuilt website with new branding
  • Recreated App Store screenshots and metadata
  • Updated all marketing collateral
  • Resubmitted app for review (Apple requires matching names)

Week 6: Damage Control

  • Notified beta testers of name change
  • Updated social media presence
  • Redirected early marketing traffic
  • Finally launched—6 weeks late

The Hidden Costs

Beyond the $23,000 direct costs, we lost something harder to quantify:

Momentum

We had press coverage scheduled. Influencer partnerships ready to go. A waitlist of 500 people excited about launch. The 6-week delay killed that momentum.

Team Morale

Our team had built everything around the original brand. Starting over felt like admitting failure. Morale tanked.

Opportunity Cost

Six weeks of development time went to rebranding instead of product improvements. We entered a competitive market behind schedule.

Credibility

Early supporters saw the chaos. Some questioned whether we knew what we were doing. Hard to rebuild that trust.

What You Should Do Right Now

If you're building a product and haven't done comprehensive trademark due diligence:

Immediate Actions

  • Stop all brand development until you have clearance
  • Search USPTO TESS database yourself (free, 30 minutes)
  • Google your name + industry keywords extensively
  • Hire a trademark attorney for comprehensive search ($500-1,500)
  • Don't commit to domains, designs, or public announcements until cleared

Questions to Ask Your Attorney

  • Are there any identical or confusingly similar registered trademarks?
  • What about common law usage (unregistered but active)?
  • What trademark classes should we register in?
  • Are there geographic restrictions we should know about?
  • What's the likelihood of successfully registering this mark?
  • What's our risk exposure if we proceed?

Free Trademark Search Checklist

We created a comprehensive checklist to help others avoid our mistake. It includes:

  • Step-by-step search process
  • Links to all free search databases
  • Red flags to watch for
  • When to hire an attorney
  • Cost breakdowns
  • Timeline expectations

Download Free Trademark Checklist

The Silver Lining

Our new name? We love it more than the original. It's more distinctive, easier to remember, and 100% ours.

The rebrand forced us to think deeper about our identity. What started as a crisis became an opportunity to build something better.

But I'd never choose to learn this lesson the hard way again.

The Bottom Line

Spend $2,000 on proper trademark due diligence before committing to a name.

Or risk spending $20,000-100,000+ on rebranding, legal fees, and lost opportunity.

There is no scenario where skipping this step is worth it.

Resources

Questions?

Have you experienced a trademark conflict? Wondering if your name is safe? Get in touch—we're happy to share what we learned.