Your brand is your most important asset. Dive into Indie Law’s resources to guide you through the maze of trademark law and keep your brand safe from copycats and infringers!
We’re excited to share that Indie Law founder Joey Vitale was recently featured on The Aspiring Solopreneur podcast by LifeStarr!
In this episode, Joey sits down with hosts Carly Ries and Joe Rando to talk about why trademarks are the number one legal risk facing small businesses and what solopreneurs can do about it today.
If protecting your brand has been on your to-do list, this is a great place to start.
Listen to the full episode here.
The USPTO Now Requires a Login to Access Its Database. Here’s What You Need to Know.
If you’ve ever searched the USPTO database to check if a name was taken, or looked up the status of a trademark application, you could do all of that without logging in. No account needed. Just Google and go.
That’s changing.
As of June 18, 2026, the U.S. Patent and Trademark Office is rolling out new login requirements across its online tools. The biggest immediate change: the USPTO’s Open Data Portal, which houses trademark and patent datasets, prosecution histories, and public file records, now requires a USPTO.gov account to access.
And this is just the beginning. The USPTO has been steadily adding login requirements to more features, and the direction is clear. Anonymous access to federal trademark and patent data is going away.
Here’s what you need to know.
What Exactly Is Changing?
Starting June 18, 2026:
The Open Data Portal (ODP) requires a login. Previously, anyone could browse this database without an account. Now you need a USPTO.gov account. The ODP is the USPTO’s main hub for trademark and patent data, including application records, prosecution history, and bulk datasets.
The trademark search tool is moving toward requiring a login. For now, basic word searches are still available without an account. But advanced features like image search and detailed summary pages already require you to be logged in, and that list is likely to grow.
The Developer Hub has retired. As of May 29, 2026, the old Developer Hub shut down. All public data has been migrated to the ODP, and accessing APIs now requires a verified USPTO.gov account with ID.me identity verification.
Why Is the USPTO Doing This?
Basically, too many bots were hammering the system and slowing everything down. The USPTO’s fix? Require everyone, humans included, to log in. It’s a security move, an infrastructure move, and honestly, a long time coming.
What This Means for Business Owners
If you’re a business owner who has filed, or is thinking about filing, a trademark, here’s the practical impact:
How to Create Your myUSPTO Account
It only takes a few minutes:
That’s it. Once you’re set up, you can log in to search trademarks, check application statuses, and access the full range of USPTO online tools.
Pro tip: If you ever need to file documents directly with the USPTO rather than through your attorney, you’ll also want to verify your identity through ID.me. It requires a government-issued photo ID and takes around 15 to 30 minutes. But you likely won’t need this step unless you’re filing on your own.
What This Means If You’re an Indie Law Client
If you’re one of our clients, don’t worry. Our team already has the accounts and access we need to manage your trademark filings, monitor your applications, and handle everything on the USPTO side.
That said, we always encourage our clients to create their own myUSPTO account. It lets you independently check on the status of your trademark application whenever you want, without having to email us and wait for a response.
The Bigger Picture
This isn’t just a USPTO thing. The days of fully anonymous access to government databases are winding down across the board. The USPTO is just one of many agencies moving in this direction.
For trademark owners, the practical takeaway is simple: create your myUSPTO account now, before you need it. It takes five minutes, it’s no cost to you, and it ensures you’ll always have access to the tools and records that matter for your brand.
Two environmentally-minded brands. One lawsuit. And a trademark battle that’s got the internet picking sides.
Patagonia (yes, that Patagonia) is suing drag performer and climate activist Pattie Gonia over her name. And while the legal arguments are genuinely interesting, the bigger story here is what this dispute teaches every business owner about protecting their brand.
Patagonia filed a trademark infringement lawsuit against Wyn Wiley, who performs and advocates under the name Pattie Gonia. The conflict started when Pattie Gonia sought trademark protection for her name in connection with apparel, environmental advocacy, and events.
Patagonia argues the names are too similar and could confuse consumers. The company says it spent years trying to resolve the matter before filing suit and that it’s only seeking $1 in damages. This isn’t really about money. It’s about protecting the trademark itself.
Pattie Gonia sees it differently. She says her name is a reference to the Patagonia region in South America, and that her work is rooted in parody and creative expression, not an attempt to impersonate a clothing company.
Both sides have reportedly exchanged settlement proposals, so this may still resolve before trial.
Here’s something a lot of business owners don’t realize: you can’t selectively enforce your trademark rights. Letting some infringement slide while cracking down on others can actually weaken your legal protections over time.
That’s one of Patagonia’s core arguments here. If we don’t defend our mark consistently, it becomes harder to stop the next person and the one after that.
It’s one of the reasons companies pursue trademark disputes even when the PR optics are messy. Legal obligation and public perception don’t always point in the same direction.
At the heart of almost every trademark case is one question: would a reasonable consumer be confused about whether two brands are connected?
Patagonia argues yes, that consumers might assume Pattie Gonia’s products or activism are affiliated with or endorsed by the outdoor brand. Pattie Gonia’s camp argues her audience clearly understands the difference between a queer climate activist and a multinational corporation.
Several legal observers have suggested that proving confusion will be an uphill battle for Patagonia. But it’ll remain one of the central issues if this goes to trial.
For business owners, this is a good reminder: the confusion question matters before you launch a name too, not just after. A comprehensive trademark search can flag potential conflicts before you’re invested in a brand.
This is where things get genuinely interesting.
Parody has real protection under trademark law. Courts recognize that satire, commentary, and humor deserve breathing room, especially when consumers aren’t likely to be genuinely confused.
Pattie Gonia has argued that wordplay and parody are central to drag culture, and that many of the examples Patagonia cited are fan art or playful nods rather than commercial misuse.
But parody has limits. When it crosses into commercial activity that creates real marketplace confusion, trademark owners have a stronger case. That tension between creative expression and commercial brand protection is exactly what makes this case so worth watching.
If you’re a creator, influencer, or entrepreneur building a brand that plays on cultural references or existing names, this case is a reminder to think carefully before you file. What feels like a clear creative choice to you might look like infringement to a trademark examiner or a corporate legal team.
Maybe the most fascinating part of this dispute is the public reaction.
Patagonia has spent decades building a reputation as one of the most environmentally committed companies in the world. Pattie Gonia has raised millions for environmental causes and built a massive following doing the same kind of work.
So when one sued the other? A lot of people weren’t sure whose side to take.
Patagonia might win the legal argument and still lose something harder to rebuild: trust. That’s the reality of modern business. Legal strategy and reputation strategy have to work together, especially when a dispute is going to make headlines.
Both parties have reportedly exchanged settlement proposals, and honestly, that’s a good sign.
Settlement often gives businesses something litigation can’t:
For Patagonia and Pattie Gonia, a negotiated resolution could let both of them get back to their environmental missions instead of fighting each other in court. And for any business watching this play out, it’s a good reminder that protecting your trademark doesn’t always mean going to war.
The Patagonia vs. Pattie Gonia case is a good reminder that trademark law doesn’t happen in a vacuum. Brand identity, public perception, creative expression, and legal obligation are all tangled up together.
If you’re building a brand and you’re not sure whether your name or logo is actually protected, this is your sign to find out.
CHICAGO, IL — Artificial intelligence tools have made it easier than ever to brainstorm business names, generate logos, and build a brand from scratch. But according to trademark attorney Joey Vitale of Indie Law, that convenience comes with a legal risk most entrepreneurs never see coming.
“AI can generate a brand name in seconds,” said Vitale. “What it cannot do is tell you whether it’s already trademarked or is so similar to an existing brand that is not trademarkable.”
When an entrepreneur uses an AI tool to generate a business name, the tool draws on patterns from existing language and brand names. It does not run a trademark search. It does not check the USPTO database. And it has no way of knowing whether the name it suggests is already legally owned by someone else.
That means a business owner could spend months or years building a brand around an AI-generated name, only to discover it conflicts with an existing trademark. The result can be a forced rebrand, legal fees, and the loss of everything built under that name.
A comprehensive trademark search goes far beyond a quick Google search or a scan of the USPTO database. It looks at registered marks, pending applications, common law usage, and similar marks across relevant industries. It requires legal judgment to assess the risk, not just a list of results.
“There is a real difference between a search and a comprehensive risk analysis,” Vitale explained. “A search tells you what’s out there. A comprehensive risk analysis tells you whether it is safe to move forward. That distinction matters.”
Entrepreneurs who act early are in the strongest position. Filing a trademark application secures your place in line at the USPTO. The sooner you file, the sooner your rights are established.
Vitale recommends that any business owner using AI tools to build their brand take one additional step before launching: get a proper trademark search and legal clearance before investing further in a name that may not be protectable.
“AI is an incredible tool for building a business,” said Vitale. “But when it comes to brand protection, AI needs expert-level prompting to make sure the right questions are being asked. And because AI responses often tell you what you want to hear, its legal analysis can’t be trusted. That is why chatting with AI can’t replace a conversation with a lawyer who understands trademark law. Your brand is too important of an asset to trust to anything less than a real conversation with a real expert.”
Indie Law focuses exclusively on trademark law and has filed over 2,000 trademarks with a 99.7% success rate.
If you have used an AI tool to generate your business name, logo, or slogan, the next step is getting a comprehensive trademark search before investing further. The Indie Law team can help you find out whether your brand is available and protectable.
Schedule a consultation at https://www.indielaw.com/call-ty/
Indie Law is a trademark law firm serving entrepreneurs, creatives, and growing businesses across the United States. Founded by trademark attorney Joey Vitale, Indie Law focuses exclusively on trademark law, helping clients protect their brands through federal trademark registration, comprehensive searches, and ongoing brand monitoring. With over 1,500 trademarks filed and a 99.7% success rate, Indie Law is the trademark firm other law firms trust. Learn more at indielaw.com.
CHICAGO, IL — Every year, thousands of entrepreneurs launch businesses, register an LLC, grab a domain name, and claim their social media handles. Then they assume their brand is protected. According to trademark attorney Joey Vitale of Indie Law, that assumption is one of the most common and costly mistakes a business owner can make.
“I talk to business owners every week who are shocked to learn that their LLC does nothing to protect their brand name,” said Vitale. “State business registration and federal trademark protection are completely separate systems. One gets you a tax ID. The other gives you legal ownership of your brand.”
Registering an LLC establishes your business as a legal entity with your state. It protects your personal assets from business liability and allows you to operate under a business name within that state’s registration system. It does not give you exclusive rights to use that name across the country. It does not prevent another business from trademarking that same name.
A federal trademark registration with the United States Patent and Trademark Office gives you nationwide exclusive rights to use your brand name, logo, or slogan in connection with your specific goods or services. It creates a legal presumption that you own the mark. It allows you to use the registered trademark symbol. And it gives you the legal standing to stop others from using a confusingly similar name.
“Without a federal trademark, you could spend years building a brand and then receive a cease and desist letter from someone who registered your name before you did,” Vitale explained. “At that point, your options are limited and expensive.”
Over 500,000 trademark applications are filed with the USPTO every year. That number grows annually. Every day a business operates without trademark protection is another day someone else could file for that same name and win.
Vitale works with entrepreneurs, creatives, and growing businesses across the country through Indie Law, a firm that focuses exclusively on trademark law. His team has filed over 1,500 trademarks with a 99.7% success rate.
“Trademark protection is more accessible than most people think,” said Vitale. “The process takes time, but getting started is straightforward. The peace of mind is worth every penny.”
The first step is a comprehensive trademark search to find out whether your brand name is available to register. From there, an experienced trademark attorney can walk you through the filing process and handle everything on your behalf.
Business owners who want to find out whether their brand is legally protected can schedule a consultation with the Indie Law team at https://www.indielaw.com/call-ty/
Indie Law is a trademark law firm serving entrepreneurs, creatives, and growing businesses across the United States. Founded by trademark attorney Joey Vitale, Indie Law focuses exclusively on trademark law, helping clients protect their brands through federal trademark registration, comprehensive searches, and ongoing brand monitoring. With over 2,000 trademarks filed and a 99.7% success rate, Indie Law is the trademark firm other law firms trust. Learn more at indielaw.com.
Artificial intelligence can clone your voice in seconds. Your face, your brand, your likeness. All of it. And the law isn’t fully prepared to stop it.
That’s the real issue behind recent headlines involving Taylor Swift and Jimmy Kimmel. Both celebrities filed trademark applications in late April 2026 to protect their voices and likenesses from AI-generated deepfakes. While this might sound like a celebrity problem, it’s actually a warning sign. One every small business owner needs to hear.
Taylor Swift filed three trademark applications: two sound marks tied to her voice and one visual mark connected to her likeness. Just days later, Jimmy Kimmel filed three similar applications covering his voice and image. The strategy: use trademark protection as a legal tool to stop unauthorized AI-generated imitations.
It’s a creative approach. But let’s be honest. It’s also untested. The United States Patent and Trademark Office (USPTO) has historically required that sound marks be distinctive and consistently tied to a brand in a commercial way. A natural speaking voice doesn’t always clear that bar. These applications are pushing the boundaries of existing trademark law, and we won’t know how they land for a while.
AI voice cloning and deepfake technology have improved at a rapid pace. Deepfake-related fraud has increased by over 30% year over year, and this isn’t a fringe issue anymore. It’s affecting public figures, businesses, and consumers alike.
To understand why trademark law is being used here, it helps to look at what other legal protections can’t do.
Copyright protects original creative works, not a person’s voice or style. The right of publicity (a state-level law that protects your name, image, and likeness) can help, but it typically kicks in after the damage is already done. Trademark law, on the other hand, is designed to prevent consumer confusion and protect brand identity before harm occurs. That proactive protection is what makes it so attractive in the fight against deepfakes, even if applying it to voices is still uncharted territory.
Here’s where small business owners need to pay attention. You may not be a celebrity, but your brand works the same way. Your business name, logo, tagline and yes, even your voice in marketing content are the identifiers your customers recognize and trust.
And if AI can replicate that identity? It can dilute your brand and create real confusion in the marketplace.
Picture a competitor using AI to mimic your voice in a video ad, or replicate your branding in a way that misleads your customers. Without trademark protection, your ability to stop that is limited.
Federal trademark registration changes that. It gives you exclusive rights to your mark and a legal foundation to take action against infringement. We’ve helped over 1,500 businesses legally own their brands, and in a world where AI can copy what you’ve built overnight, that protection matters more than ever.
Not sure if your brand is protected? Let’s find out together. Book a free brand protection consultation.
It’s worth being clear here. A trademark won’t stop every form of AI misuse, especially if the use isn’t tied to commerce or doesn’t create consumer confusion. But it significantly strengthens your position and gives you enforceable rights you wouldn’t otherwise have. Even if courts ultimately reject the idea of trademarking a human voice, the broader lesson is the same: strong brand protection is more important now than ever.
File a federal trademark for your business name if you haven’t already. This is your primary brand asset and the foundation of your legal protection.
Protect your logo and tagline, especially if they’re distinctive and tied to your identity.
Monitor your brand online. Set up Google Alerts and watch for unauthorized use.
Be consistent with how you show up. If your business relies on podcasts, video, or social media, the more consistently you present your voice and identity, the stronger your brand recognition and your legal position.
The law is evolving in response to technology. Celebrities like Taylor Swift and Jimmy Kimmel aren’t just protecting themselves. They’re testing legal theories that could shape how courts handle AI-generated identity for years to come. Whether or not their specific applications succeed, they’re signaling something important: voice, likeness, and personal identity are becoming core components of a brand.
For small business owners, the takeaway is clear. AI is making it easier than ever to copy what you’ve built. But it’s also making strong brand protection more valuable than ever.
If you haven’t taken steps to secure your trademarks, now is the time. Because in a world where your voice, image, and brand can be replicated instantly, the businesses that win will be the ones that own their identity and know how to protect it.
Your brand is your most important asset. Dive into Indie Law’s resources to guide you through the maze of trademark law and keep your brand safe from copycats and infringers!
We’re talking business names, logos, slogans… even podcast titles. Lots of entrepreneurs don’t protect their trademarks until it’s too late.
So we made a short, free video to help you avoid the biggest, most dangerous mistakes that business owners make.
Wanna see it?
