What’s in a name? Just ask PepsiCo and a certain Cierra Mistt.

No, we didn’t misspell Sierra Mist.

Cierra Mistt is an online content creator who claimed she was sued by PepsiCo in 2023 because her name could easily be confused with one of their products, infringing on their trademark rights.

Cierra Mistt says she almost agreed to their demand that she stop using the name immediately, but she changed her mind when her legal team found out that PepsiCo didn’t actually hold the rights to the name at the time of the suit. 

While we can’t say the exact nature or outcome of any legal actions since PepsiCo hasn’t officially commented, we know that Cierra Mistt continues to use her name on TikTok, and we now drink Starry.

When building and running a successful business, the last thing you want to lose is the ability to use the brand elements that your consumers and clients have come to know. That means the first thing to do to protect your rights is to trademark your name and logo.

Why trademark your business name and logo?

Whether you want to establish your brand locally or expand beyond your current market, registering and maintaining your trademark is important at every step.

Trademarking your name and logo can give your business:

• Exclusive rights to use your name and logo nationwide. Without the use of your established brand name and logomark, your ability to expand may be limited. Make sure you are set up for success, no matter where that might take you.
• Legal protection against infringement. If someone starts using your name or logo, you want to be able to put the brakes on the infringement. Without that safeguard, it’s like being held accountable for what someone who stole your identity buys or says on the internet—it could have a profoundly negative impact on your business.
• Prevention of consumer confusion. The businesses and brands that enjoy success are memorable and distinctive. Even if someone else isn’t trying to emulate your brand on purpose, it’s important to avoid this situation occurring when possible. 
• Increase brand recognition and value. Think of your registered trademark as an asset that appreciates over time. Without a valuable, recognizable brand, pursuing licensing agreements, franchise opportunities, and other potential partnerships is much harder.
• Increased appeal to potential investors. Whether or not pursuing investment is on your current radar, consider the strength of a protected, established brand and its appeal to would-be investors.

Act fast—are your business name and logo even still available?

The ideal time to file your applications to trademark your name and logo is immediately after you form your business entity. A proactive approach can protect your intellectual property right from launch. 

However, since starting yesterday isn’t an option, you should start today on applying for trademark protection if you haven’t already.

The process itself isn’t complicated, but there are steps and pitfalls an experienced trademark attorney can help you navigate to ensure you don’t lose time or money.

Conducting a comprehensive trademark search

Before you file applications to register your name and logo, conduct a thorough search to ensure sure your business name and logo are not already in use or even just registered, generally through the United States Patent and Trademark Office (USPTO). You aren’t just looking for exact matches. You must consider similar logos and names as well.

Working with an experienced trademark attorney can facilitate the trademark search process by helping you conduct a comprehensive search, analyze the results for potential conflicts, and provide legal advice on registration.

Prepare and file your trademark applications

Once you’ve confirmed your name and logo are unique, you can file your applications with the USPTO. You must choose the appropriate trademark class for what you are attempting to register, provide a clear representation of your mark (no napkin drawings of your logo), show how you will use the mark in commerce, and pay the fees. 

Your attorney can also help here, ensuring you aren’t paying fees and spending time on failed applications.

Monitoring the applications and responding to office actions

When you submit, the USPTO assigns an examining attorney to review each application. This attorney may issue what’s called an office action, which is a request for additional clarification. It’s important to respond promptly. If you don’t, there’s a chance your application could end up abandoned. 

Publication and opposition period

Just like we still ask if anyone objects at a wedding, there’s a period after the initial examination when the public is allowed to step forward and claim that they might be harmed by the registration of your name or logo.

Registration and maintenance

And that’s it!

But not quite. 

If there’s no opposition (or you successfully overcome any opposition), you’ll be issued registration certificates for your successful trademarks. But keep in mind that to maintain your rights to your name and logo, you must file periodic maintenance documents and renewal applications, which Cierra Mistt claims PepsiCo forgot to do for Sierra Mist.

Defending your trademarks

It’s up to you and your attorney to monitor your registered trademarks and enforce your rights to them. If you find that someone unauthorized uses your marks, you may need to take legal action.

Using your name and logo when you are in the trademark process

Traditional trademark rights in the United States are based on using your name and logo. 

There is some common law protection in your geographic area or state when using your logo and name before you retain the full trademark rights to both, but you must file trademark applications for the variations you want full legal protection for across the country. Your attorney can help you determine the best ways to file your brand elements and avoid delays in the process.

Get guidance from a Texas trademark attorney

Applying for trademark protection for your name and logo is a critical step in building and protecting your brand as your business forms and grows. 

Contact the Law Offices of Shann M. Chaudhry, ESQ., today to schedule a consultation. Let’s discuss how we can protect and defend your good name—and logo.