I learned the answer at eighteen when Billboard magazine ran this headline: “Goliath Growls Fail to Faze Teenage David.”
I was a business administration major at Occidental College running my small record company named “Custom Fidelity Records”. We recorded campus artists and church repertoire. I had filed for a trademark without an attorney because I couldn’t afford one.
Then the opposition notices arrived. Audio Fidelity protested that “Custom Fidelity” was too close for comfort. Mercury Records claimed it infringed on their “custom high fidelity” slogan.
Two industry giants wanted to crush an 18-year-old’s trademark application.
Audio Fidelity even offered to buy our stationery—essentially paying us to disappear from the record business. I refused.
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Without legal armor, I grabbed my slingshot. I wrote directly to the Washington Commissioner, explained that as teenage businessmen we had no funds for legal wrangling, and listed my arguments for why no trademark infringement existed. I called for protection of small business from being trampled by industry Goliaths.
Here’s what that experience taught me about trademark protection that every entrepreneur should know:
First, understand generic terms. You cannot trademark words that simply describe what you do. “Custom Fidelity” was borderline because “fidelity” was industry terminology for sound quality. Generic terms like “Fast Pizza” or “Quality Consulting” offer no protection because anyone can use descriptive language.
The more distinctive your brand name, the stronger your trademark protection.
Second, know the risks of not filing. Without trademark protection, anyone can use your brand name. You build equity in a name, invest in marketing, create customer recognition—and a competitor can legally steal it all.
But filing also creates risks. You might face opposition from established companies who claim similarity. You might spend money on a trademark you can’t defend. You might choose a name too generic to protect.
Third, the “without an attorney” gamble. I filed my own trademark at eighteen because I had no choice. Sometimes it works. Often it doesn’t. Large companies have legal teams that will challenge anything remotely similar to their marks. They’re not evil—they’re protecting assets worth millions.
Fourth, timing matters. File your trademark early, before you’ve built significant brand equity. If you wait until you’re established and then face opposition, you’re forced to rebrand after investing in your name. That’s expensive and painful.
The risks of filing a trademark:
– Legal challenges from existing trademark holders
– Cost of defense if opposed (can reach tens of thousands)
– Possibility of choosing an unprotectable name
– Requirement to actively defend your mark or lose it
The risks of NOT filing:
– Anyone can use your brand name
– No legal recourse when competitors copy you
– Years of brand building can be stolen
– Investors often require trademark protection
The Billboard story had a happy ending for me. But I learned that trademark protection isn’t optional for serious businesses. It’s foundational intellectual property that either protects your brand or leaves it vulnerable.
If you’re building something that matters, protect the name before someone else claims it. And unlike my teenage self, hire an attorney who specializes in trademark law. The money you spend upfront will save you from fighting Goliaths with a slingshot later.
Your brand is an asset. Treat it like one.
