When it comes to running your own business, no matter how big or small it may be, it is always recommended to get your trademark registered with a licensed attorney. Without a registered trademark, you run a greater risk of infringing on others’ marks, other people infringing on your mark, and rebranding.
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Gaia’s Garden & Apothecary
In June of 2025, Morro Bay herbal sanctuary ‘Gaia’s Garden & Apothecary’ was forced to rebrand their business after receiving a cease-and-desist letter from a legal team representing ‘Gaia Herbs’. The letter claimed that the business owners were actively infringing on their trademark and had two weeks before they would take legal action. According to an interview by KSBY 6, the owners of Gaia’s Garden & Apothecary claimed, “We’ve been building this brand for four years…every label you see here we hand cut, design, and we do it all…”. They also stated that they had to pull out of a local trade show due to the abrupt news. The business soon rebranded to ‘Lumin Earth Apothecary’ but said it’s not the name that people will remember them by.
How can I avoid rebranding?
The best way to avoid rebranding is to get ahead of it. Before launching your business or brand, consult a licensed trademark attorney. They’ll help you research existing trademarks, register your own, and make sure your name is legally protected from the start. Taking this step early on can save you from expensive and time-consuming rebranding down the road.
What if I think my trademark is infringing on someone else’s?
Consult your attorney. Let’s say you recently started a new business and you decide to search the name on Google. After some scrolling, you find another business with the same name or even a similar one. The first thing you should do is to consult a licensed attorney. An attorney can walk you through your options, help you understand the level of risk, and let you know whether you need to make any changes or not.
What if I think someone is infringing on my trademark?
Before sending any heated emails or angry social media DM’s, take a close look and gather as much information as you can. Do they sell the same products as you? Are they in the same industry as your business? Are they copying any elements of your business? From there, you should consult a licensed intellectual property attorney, as they will know what actions you can take to protect your intellectual property.
Rebranding Ain’t Cheap
As a business owner, it’s important to stay aware of how your trademark aligns with other businesses in your industry. On average, rebranding can cost upwards of $16,000 to $63,000+ based on your industry. Not only that, but rebranding takes a while. Hiring the talent it takes to remake website’s, promotional material, social media engagement, and logos can take months to complete. It’s always best to do your research and consult an attorney for the best advice on how to protect your intellectual property.