How To Launch a New Business - Do You Need To Trademark Your Business?
Do You Need To Trademark Your Business?
To Trademark or Not — that is the question we all have in business.
I am grappling with the same question and also when and what we can trademark because I have launched a new Shopify store — Kalaharigold.com!
I am importing Marula Oil for skincare from Namibia. This is a very new and exciting venture and very close to my heart. I love supporting women in business, and now I also support Namibian businesswomen.
The primary incentive for considering trademarking is the option to market the oils on Amazon as a brand. As per Katie Capra Geuin, my Amazon specialist, having a trademarked brand opens up many opportunities on Amazon.
Even Etsy now requires trademark registration before allowing businesses to sell on their platform. According to Joey Vitale, this helps prevent disputes among business owners over who owns what and ensures that it’s clear who owns the trademark.
My interview with Joey Vitale, Trademark & Copyright lawyer (Business lawyer), about trademarks and copyrights, especially for eCommerce businesses.
Joey Vitale is an attorney for thriving small businesses. He is one of the top-rated lawyers for creatives in the country. With his law firm, Indie Law, Joey works with creative small business owners to protect their passions and give them the legal foundation they need to thrive.
I have compiled Joey's and my questions and answers in this article.
Here are the questions Joey Vitale answered:
1. Why do you need to trademark your business?
2. When do you need to trademark?
3. What do you trademark?
4. How to choose a name for your business?
5. Do you need to use a copyright or a trademark for ecommerce?
6. Is The name of my book a copyright or a trademark issue?
7. How long does it take to get a trademark?
8. How To Trademark Your Business
1. Why do you need to trademark your business?
Starting a new business can be an exciting and challenging journey. There are many aspects to consider when launching a new business, including choosing a name, designing a logo, and creating a website. One important aspect often overlooked is the need to trademark your business.
A trademark is a symbol, design, word, or phrase that distinguishes one company's goods or services from those of another. It is a valuable asset for any business because it helps protect your brand identity and prevents others from using your name or logo without permission.
Trademarking your business provides several benefits, including:
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Protection: A trademark protects you legally against others using your name, logo, or slogan without permission. If someone else uses your trademark, you can take legal action to stop them.
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Brand recognition: A trademark can help your business stand out from competitors and build brand recognition. It also helps to create a positive image and reputation for your business.
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Business value: A trademark can increase the value of your business, especially if you plan to sell it in the future. It can also make your business more attractive to investors.
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International protection: A trademark can help protect your brand in other countries if you plan to expand your business globally.
In this article, we'll explore the importance of trademarking your business and provide a step-by-step guide to help you navigate the trademark registration process.
Trademarking is for brand elements in your business.
Your trademark is an integral part of your brand. It protects the identity of your company. You will be protected from competitors or other businesses encroaching on your customer base and business.
During my early days in the eCommerce industry, a client who ran a flag and flagpole company taught me a valuable lesson. One of their competitors registered a domain name that was the plural form of my client's business domain name. To our surprise, this competitor made a whopping $1.5 million by selling the exact same products from the same source, including some of my client's items.
We discovered this situation when I attempted to register all the branded domain names. Needless to say, my client was displeased, but since they didn't have a trademark, there was little they could do to rectify the situation.
2. When do you need to trademark?
A better question to ask is, what can you afford right now?
What can you put as a line item for a legal budget and then find an attorney who's willing to meet you at your budget level.
You need to decide the following first: What is your business growth aspiration? Are you aiming for a thriving seven or eight-figure business, or is it more of a hobby for you? This will have an impact on our legal approach.
It's essential to consider trademark registration before launching your business. It's not something to put off and deal with later. Failing to register your brand's trademark puts you at great risk of being an accidental infringer.
3. What do you trademark?
Trademarking is for brand elements in your business.
Trademarking is an essential aspect of protecting your business's intellectual property rights. However, the process can be confusing, and there are limitations on what you can and cannot trademark. Understanding these limitations is crucial to avoid wasting time and money on rejected trademark applications.
For eCommerce businesses, trademarks typically involve the name, logo, and slogan of the business. However, product lines can also be trademarked if they have a unique name or branding. This is especially important for businesses that sell multiple product lines and want to protect their brand identity.
One common mistake eCommerce businesses make is attempting to trademark phrases or slogans used as ornamental elements on their products.
This is not possible as the trademark office considers this to be ornamental use. For example, if you have a jewelry line with a fun phrase stamped on each piece, you cannot trademark that phrase alone. The same goes for t-shirts, hats, or any other product that features a phrase as a decorative element.
It's important to note that many eCommerce businesses use Legal Zoom or other online legal services to handle their trademark applications. However, these services may not catch errors or limitations that could result in a rejected application.
Working with a trademark attorney with experience in eCommerce businesses is crucial to ensure that your trademark applications are accurate and effective.
4. How to choose a name for your business?
Choosing the right name for your business is crucial for its success. With over half a million trademark applications filed each year, it's essential to consider trademarks as a critical part of your naming strategy.
Many entrepreneurs make the mistake of stopping after a quick domain search and securing social media handles. However, a comprehensive naming strategy should include trademark research and registration.
Finding the perfect name can be daunting if you're starting a new business or launching a new product line. It's essential to choose a name that sets you apart from your competitors, reflects your brand's values and mission and is legally protected by trademark registration.
For example, let's say you want to create your own line of fashion, and you decide to name your business Veronica Jeans. A quick search shows that there are already many businesses with similar names. However, not everyone has registered the name Veronica Jeans as a trademark.
To protect your brand identity, you should conduct a comprehensive trademark search to ensure that the name you choose is legally available for use and registration. If you find that someone else has already registered the name Veronica Jeans as a trademark, you'll need to choose a different name.
In this example, you might consider adding a unique element to the name, such as Veronica Lee Jeans. However, it's important to conduct a thorough trademark search for this name as well. If you find that someone else has already registered a similar trademark, such as Veronica Beard Jeans, you may not be able to trademark Veronica Lee Jeans.
Trademark registration can be a complicated and time-consuming process, but it's crucial for protecting your brand identity and avoiding potential legal issues down the line. If you're unsure how to proceed, consulting with a trademark attorney can help ensure your chosen name is legally protected.
Here are some tips to help you choose the perfect name for your business:
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Research - Conduct a thorough search to ensure that the name you choose is not already in use or registered by someone else. You can use online tools to search for existing trademarks and domain names.
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Uniqueness - Choose a unique name that sets you apart from your competitors. Avoid using generic or descriptive terms that may limit your brand's potential.
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Branding - Consider how the name fits with your brand's values and mission. Your name should reflect your business's personality and tone.
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Simplicity - Choose a name that is easy to pronounce, spell, and remember. Avoid complicated or confusing names that may deter potential customers.
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Legal considerations - Consult with a lawyer to ensure that your chosen name does not infringe on someone else's trademark or intellectual property rights.
5. Do you need to use a copyright or a trademark for ecommerce?
When it comes to protecting your eCommerce business's intellectual property, it's essential to understand the difference between copyrights and trademarks. Many business owners make the mistake of treating them equally, but trademarks are usually more crucial for most eCommerce stores.
That's not to say that copyrights aren't important. Copyrights protect original works of authorship, such as literary, artistic, musical, and other creative works. This includes designs, blog content, videos, and more.
However, trademarks protect the brand identity of your business, including the name, logo, and slogan. Trademarks are crucial for eCommerce businesses because trademark issues are more likely to arise, and they are necessary for establishing your brand identity and protecting it from competitors.
While it's essential to be aware of copyrights and their protection requirements, it's crucial to prioritize trademark registration before delving into the world of copyrights.
Copyright registration can be a more strategic and intense process, and it's essential to identify what you want to protect before filing for copyright.
If you're building a legal to-do list for your eCommerce business, prioritize trademark registration before exploring copyright protection.
Once you've established your brand identity and protected it with trademarks, you can then focus on protecting your creative works with copyrights.
6. Is The name of my book a copyright or a trademark issue?
Neither - you cannot trademark the title of a book.
Many authors wonder whether the name of their book is a copyright or trademark issue. The truth is, it's neither. The title of a book cannot be trademarked, as trademarks protect brands, and the title of a book is not a brand.
However, there are still ways to protect the title of your book. For example, you could turn it into a slogan or use it as the name of a podcast. In these cases, the title could be protected under trademark law as part of your brand identity. It's also important to note that copyrights protect the content of a work, which does not include the title of the work itself.
In conclusion, the name of your book is not a copyright or trademark issue. While you cannot trademark the title of your book, there are still ways to protect it as part of your brand identity, such as using it as a slogan or as the name of a podcast.
7. How long does it take to get a trademark?
When obtaining a trademark, many business owners wonder how long the process takes. The truth is, you can get a trademark instantly and for free just by using your brand in commerce. Trademark rights are created upon use, but they're protected when claimed at a national level.
This means that trademark registration is not necessarily about getting a trademark for your brand. Instead, it's about getting evidence of your trademark and going through a process with the federal government to secure national-level protection.
However, the trademark application process can take a while, and most applications get denied.
Trademark registration typically takes six months to a year to happen, and it's crucial to prioritize this step before launching your business to avoid potential legal issues down the line.
It's crucial to take the time to secure your trademark before promoting your brand too heavily to avoid potential legal issues down the line. Many platforms, such as Etsy and Amazon, now require trademark registration before allowing businesses to sell on their platform. This helps prevent disputes among business owners over who owns what and ensures that it's clear who owns the trademark.
8. How To Trademark Your Business
Now that you understand the importance of trademarking your business, let's explore the steps involved in registering a trademark.
Step 1: Choose a unique name and logo for your business
Before you can trademark your business, you need to choose a unique name and logo. You should conduct a thorough search to ensure that your name and logo are not already in use by another company.
Step 2: Conduct a trademark search
Once you have chosen a name and logo, you should conduct a trademark search to ensure that no one else is using a similar name or logo. You can conduct a search on the United States Patent and Trademark Office (USPTO) website to see if there are any registered trademarks that are similar to yours.
Step 3: File a trademark application
If your trademark search reveals that your name and logo are available, you can file a trademark application with the USPTO. The application process can be complex, so it is recommended that you seek the advice of a trademark attorney to guide you through the process.
Step 4: Wait for your trademark to be approved
After you file your trademark application, you will need to wait for it to be approved. This process can take several months or even longer. If your trademark is approved, you will receive a registration certificate from the USPTO.
Step 5: Maintain your trademark
Once your trademark is registered, you must maintain it by renewing it every 10 years. You should also monitor your trademark to ensure no one else uses it without permission.
Conclusion
Trademarking your business is important in protecting your brand identity and preventing others from using your name or logo without permission. It can also help your business stand out from competitors and increase its value. Although the trademark registration process can be complex, securing your business's future is well worth the effort.
Here is how to connect with Joey Vitale:
I built my law firm so that you can afford anything no matter what. You can grab a call with me, or I have a resource, something where I can meet you where you're at because the ultimate goal of working with a lawyer is for you to take action somehow.
Facebook: www.facebook.com/indielawfirm/
LinkedIn: www.linkedin.com/in/joeycvitale
I appreciate you and the time you took out of your day to read this! You can find more articles like this from me on the top-rated {E-commerce Success} blog and while you’re there, take a look at my Shopify Bootcamp coming up, and my Shopify and E-commerce series of books on Amazon. For news and insights find me on Twitter at @veronicajeans, to see what I do when I’m not working, follow me on Instagram and to discover my E-commerce Success community.
EXCITING NEWS:
I have some exciting news to share - I am launching a 5-DAY Shopify Bootcamp.
If you don't have a store, this is for you.
IF you do have a store, this is for you too.
Shopify has had so many new updates that you are not utilizing. I will show you!
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Don’t Get Buried in Acronyms: 5 Ways to Make Sure People Actually Find Your Products
por Veronica Jeans, Bestselling Author julio 27, 2025
Let’s be honest—running a Shopify store can feel like alphabet soup.
SEO. ASO. GEO. VSO. AIO. TSO. MSO. 🚨 STOP.
You’re not trying to memorize a textbook.
You’re trying to get your products seen and sold.
First—Here Are All the Search Engines You Need to Know About
While ASO, SEO, GEO, and VSO are core pillars of product discoverability and visibility, modern ecommerce success goes deeper. Today, buyers aren’t just searching Google. They’re using TikTok, Pinterest, the Shop App, Facebook Ads, AI tools, and even visual search like Google Lens.
It’s not just about keywords anymore; it’s about psychology, trends, platform behavior, and content strategy.
Table of Contents
Here are 7 powerful ways to research, optimize, and plan for better product visibility and conversion:
1. BSO — Buyer Search Optimization
What it is: Learning how your ideal customers describe your products in their own words—not industry speak.
Why it matters: Matching real search phrases = more eyeballs + more sales.
Tactics:
Use AnswerThePublic, Quora, or Reddit for phrasing
Look at competitor product reviews
Mine your own DMs, customer emails, and chats
2. PSO — Platform-Specific Optimization
What it is: Aligning your product listings with the way Shopify, Google Shopping, or Facebook rank products.
Why it matters: Each platform has its own algorithm. You need to speak their language.
Tactics:
Study how Shopify’s Shop app displays top items
Optimize titles for Facebook Catalog ads
Understand what Google Merchant Center expects (GTINs, structured fields)
3. TSO — Trend Search Optimization
What it is: Jumping on timely trends and seasonal searches that are already hot.
Why it matters: You ride the wave of what people are already looking for.
Tactics:
Google Trends, Pinterest Trends, TikTok autocomplete
Tools like ExplodingTopics.com
Build seasonal collections like “Barbiecore Gifts” or “Back to School Must-Haves”
4. CSO — Customer Scenario Optimization
What it is: Creating product listings and collections based on why someone buys—not just what they’re buying.
Why it matters: People don’t shop categories—they shop for life moments.
Tactics:
Create use-case scenarios (“Perfect for dog moms,” “New home welcome set”)
Ask your customers when they use your product
Build gift guides or situation-specific bundles
5. LSO — Lifecycle Stage Optimization
What it is: Aligning your content and products to each part of the customer journey.
Why it matters: Different content sells at different stages—awareness, decision, purchase, and repeat.
Tactics:
Top of funnel: Blog posts, Pinterest pins
Middle: Product comparisons, “Why ours is better” content
Bottom: Reviews, urgency copy, personalization
6. MSO — Micro-Influencer Sentiment Optimization
What it is: Paying attention to how smaller influencers talk about your niche.
Why it matters: Influencer language often becomes customer language.
Tactics:
Monitor reels and stories from niche creators
Look at their captions, hashtags, and call-to-actions
Use Modash or Brandwatch to track trends
7. AIO — AI Optimization
What it is: Using AI tools to speed up your listing creation—without sounding robotic.
Why it matters: You get consistent, optimized output across dozens of products.
Tactics:
Use AI to analyze competitor listings for patterns
Feed your brand voice and target keywords into a prompt template
Tools: ChatGPT, Claude, Gemini, NeuronWriter, Frase, SurferSEO
Search Engines Summary Table
But Here’s the Good News…
You don’t need to do all of that right now.
In fact, you can launch or grow your Shopify store with just 5 key tactics that cover everything essential for visibility, clarity, and conversion.
Great instinct—your audience is likely in the “I just want to launch or finally get traction” mindset, not looking for 11 new acronyms. So let’s simplify this blog by grouping what overlaps, flagging the essentials, and trimming the noise without losing the impact.
Core Principle for Optimization
Start with These 5 High-Impact Areas
These overlap and cover everything essential for visibility, relevance, and conversion:
1. Be Best Friends with SEO (Search Engine Optimization)
This is where it all starts.
When someone Googles “funny mahjong shirts” or “gifts for new boat owners,” SEO is what decides whether they find your product—or your competitor’s.
What to focus on:
🛠 Example:
Instead of “Relaxation Set,” try “Lavender Gift Set for Stress Relief – Natural Self Care Box”
2. Don’t Ignore ASO (App Store Optimization)
If you want to be found in the Shopify Shop App or other marketplaces, you need to optimize like it’s a mini search engine.
Think about:
👀 Pro tip:
If you’re using multiple images, make sure your first image sells the vibe, not just shows the product flat.
3. Use GEO Clues (Geotargeting) When It Makes Sense
Selling local? Mention your city, state, or region!
Search engines and apps prioritize nearby results—yes, even on Shopify.
Add geo info to:
🌎 Not local? No worries—skip this one and move on!
4. Win the Visual Game (VSO = Visual Search Optimization)
People don’t just Google words anymore.
They use Google Lens, Pinterest, and screenshots to find things by image.
That means your product photos need to look good and talk smart.
Checklist:
mahjong-pink-tote-bag.jpg)📸 Bad example:
IMG_9832.jpg👍 Great example:
coastal-themed-beach-towel-personalized.jpg5. Write Like a Real Person Would Search
Forget fancy words.
Forget your clever collection names.
Use the words your customer is actually typing in.
Where to find this gold:
💡 If your product is a “Minimalist Stoneware Mug,” ask yourself:
Would your customer search for that?
Or would they search “cute neutral coffee mug for kitchen aesthetic”?
TL;DR: Your Pre-Upload Visibility Checklist
Before you hit "publish," check these off:
☐ Clear, keyword-rich product title
☐ Real search terms in your description
☐ First image is eye-catching and relevant
☐ Alt text added (and renamed the image file!)
☐ Geo info added if applicable
☐ Used actual customer language—not industry fluff
What You Can Skip or Fold Into Later Phases
(aka: No need to stress right now)
Lifecycle Funnels (LSO) → Leave this for when you’re running email sequences or retargeting.
Trend Optimization (TSO) → Useful for seasonal marketing but not necessary for launch.
Micro-Influencer Matching (MSO) → Great for scaling brand reach, but not early-stage critical.
Platform-Specific (PSO) → A little advanced—this becomes important with Google Ads or omnichannel sales.
AI Optimization (AIO) → Helpful behind the scenes, not a customer-facing strategy. You can do this quietly with tools that assist writing.
Final Thoughts
You don’t need to be a tech wizard.
You don’t need to know every acronym.
But you do need a plan that makes your products easier to find, understand, and click “Add to Cart.”
Start with this. Clean up what you have.
You’ve got this.
(And if you don’t, I’ve got you.)
Shopify Visibility & Optimization FAQ
Do I need to understand all these acronyms to be successful?
Nope! You don’t need to memorize a single acronym to grow your store. Focus on making your products easy to find, easy to understand, and compelling to click. We teach strategies that prioritize simplicity and results—not alphabet soup.
Which optimization type should I focus on first?
Start with SEO (Google), ASO (Shopify App visibility), VSO (images), GEO (location), and customer language. These five cover the most ground for visibility and sales.
What’s the easiest way to improve product visibility today?
Use real-life search phrases in your product titles and descriptions. Rename your image files with keywords and add descriptive alt text that matches what shoppers search for.
How can I find out what my customers are searching for?
Use AnswerThePublic, Quora, Google autocomplete, Pinterest search, and TikTok search to see what people are really typing. Don’t forget to mine your own DMs, reviews, and emails too.
I’m overwhelmed. Where should I even start?
Start with a product upload checklist:
Do I need expensive tools to optimize?
Nope! Free tools like Google Trends, Pinterest Trends, Ubersuggest, and your own customer messages are all powerful starting points. Keep it simple and strategic.
Can AI help me write product descriptions?
Yes—tools like ChatGPT and NeuronWriter can help you write faster and stay consistent. Feed them your brand voice and target keywords, and always edit for clarity and tone.
I get traffic but no sales—what’s wrong?
Check for unclear titles, weak product descriptions, poor photos, or lack of urgency. Often, the fix is in small tweaks to copy, images, and positioning—not more traffic.
What if I don’t know how to write like a marketer?
Just use the phrases your customers already say in reviews or messages. Skip industry jargon. Real language connects better—and converts faster.
Where can I get help if I’m stuck?
Check out the Shopify Made Easy books, join one of Veronica's live challenges, request a store audit, or follow her email newsletter for weekly tips.
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How to Connect Canva to Your Shopify Store
por Veronica Jeans, Bestselling Author julio 11, 2025
This guide is essential for anyone looking to seamlessly integrate Canva with Shopify for enhanced product design. It provides a step-by-step process to connect your accounts, enabling easy access to your Shopify products within Canva.
Perfect for entrepreneurs seeking to elevate their branding, this guide simplifies the connection process, ensuring you can focus on growing your business effectively.
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10 razones para no fracasar en los negocios y cómo sobrevivir en 2022
por Veronica Jeans, Shopify Queen & Bestselling Author julio 05, 2025
¿Alguna vez has considerado iniciar tu propio negocio? No estás solo. Según los últimos datos de la Administración de Pequeñas Empresas de EE. UU., hay 31,7 millones de pequeñas empresas en los Estados Unidos. Sin duda, sin embargo, con millones de empresas en el país, algunas están destinadas a fracasar.
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