#239 : Braden Shows Dallas How to Handle Tricky Trademark Decisions
with Braden Drake 

Episode at a Glance

Braden walks Dallas through a yellow-flag trademark search for New Era Coaching Academy and shows exactly how to weigh the risk of launching an offer before the trademark is finalized.

Braden Drake is a California-licensed attorney and tax professional who works with creative small businesses and online business owners. He founded Not AVG Law and The Aisle Advisory, and he created programs like Contract Club and Unf*ck Your Biz. Dallas invited Braden on the show to finally face her own trademark uncertainty and bring listeners into the real process.

Dallas brought her brand-new coaching program name to Braden, expecting a legal roadblock. Braden led her through a live trademark search, flagged what to watch for when a name is borderline, and explained how to plan for future business pivots. By the end, Dallas knew how to weigh the risk of launching New Era Coaching Academy before the trademark is finalized.

Here’s what Braden helped Dallas work through.

Listen for the moment when Dallas admits she would be upset if someone trademarked her chosen offer name before she did, even though she thought she would be fine with a rebrand.

Key Takeaways

  • Trademark Decisions Are Not Binary: Trademark protection has gray areas. You can operate comfortably before registering while you test and evolve a new offer.
  • Test How Distinctive Your Name Is: Distinctive or made-up words make the strongest trademarks. Most program names land somewhere between descriptive and suggestive, which affects your chances of registration.
  • Weigh Your Attachment to the Name: Before you decide whether the risk of rebranding later is worth it, get honest about how attached you are to the name, emotionally and as a business.
  • Know What Counts as Proof of Use: Proof of use is stricter than you might expect. Your screenshots need to show the offer name prominently, with a way to buy now. A waitlist page doesn’t count.
  • Register Trademarks Under Your Company: Braden recommends registering under your company instead of as an individual, for liability protection and to make a future sale easier.

Timestamps & Key Topics

[00:00] Dallas introduces Braden and the CrossFit-meets-lawyer backstory
[03:23] Braden breaks down when to bother with trademark registration
[05:05] Dallas names the fear of hiding behind trademark “research”
[07:14] Braden explains what makes a name trademarkable: descriptive vs. distinctive
[09:35] Braden shares personal experience registering different marks
[13:03] Dallas realizes trademark protection doesn’t have to be all-or-nothing
[16:05] Braden runs a live USPTO search on New Era Coaching Academy
[20:22] The AI search tool flags yellow, and Braden explains Dallas’s options
[24:22] Dallas and Braden discuss risk, attachment to the name, and ways to proceed
[28:19] Braden explains how someone who registers after you can still box you out
[29:09] Dallas details how her evolving program model affects trademark class choices
[33:11] Braden explains “proof of use” and the waitlist pitfall
[39:00] Dallas spotlights Braden’s Contract Club for solo coaches needing contracts

Considering a Trademark? Find out in minutes if your name is available to use at Name Scout

Book a Trademark Quickie Search and have your name reviewed by a licensed attorney: notavglaw.com/trademarks

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Episode Highlights

Protect Your Program Name With Trademark Confidence

My guest Braden Drake is a California licensed attorney and tax pro who helps online business owners, creatives, and wedding professionals navigate legal protections like trademarks and contracts.

I stepped into the client seat for this one because I wanted real expert eyes on a challenge nearly every coach faces, how do you know if your program name is actually safe to use? I recently launched the New Era Coaching Academy, my coaching certification program, and I’ll admit I was nervous about trademark research. I wanted to make sure I could claim the name and avoid any costly legal headaches down the road.

Braden walked me through his trademark process using Name Scout, his free online tool. Along the way, we clarified the difference between having “some” rights to your program name just by using it and actually being empowered with a registered trademark. We also talked through how much risk makes sense for newer coaches vs. established business owners, plus the gray areas that make trademark decisions less black-and-white than most people realize.

Let me share the key insights Braden walked me through to help you protect your brand and feel at ease about picking and trademarking your coaching program name.

Step One: Use Trademark Research As a Strategic Decision, Not a Delay Tactic

Braden’s number one guideline is simple. If you would be upset or stressed to have to rename your program someday, seriously consider trademarking it. If you’re just testing an offer or running a small pilot, it’s safe to wait before investing in a trademark. But at the point you pour real time, money, and identity into a name, it’s smart to do your due diligence.

It’s easy for some coaches (raising my hand) to let legal details become a reason to hold back from launching or promoting an offer. Braden reminded me to use trademark research as a strategic step, not a way to “stay safe” and delay action.

Step Two: Make Sure Your Name Is Actually Trademarkable

Not every program name can be trademarked. Braden explained that names need to be distinctive, not just descriptive. For example, “Online Coaching Program” can’t be trademarked, but something unique or a clever mashup usually stands a better shot. There’s a whole spectrum, from generic to fanciful, and your protections get stronger as your name gets more inventive.

We ran my name, New Era Coaching Academy, through Braden’s tool. Because it blends a common phrase (“New Era”) with descriptive words (“Coaching Academy”), it sits right in that descriptive-suggestive middle zone. That’s totally normal for most coaching programs, but it means you need to understand how trademark protection works for names that aren’t completely unique.

Step Three: Know Your Risk Tolerance and Your Business Goals

Trademark law is rarely all-or-nothing. Braden walked me through how to weigh my own comfort level with risk, my attachment to keeping the name, and what would happen if someone else tried to use it. We talked about scenarios where another business might claim the name after you, even if you were technically first on the scene. If you’d hate to see your program name walk out the door with another coach and you want the option to enforce your brand, that’s another sign you should consider registering your trademark.

There are workarounds for descriptive names too. For instance, you can sometimes get on the supplemental register, then move to full registration after you build recognition. The bottom line is your decision depends on your long-term vision and your willingness to press pause (or pivot) if conflicts pop up.

Finally: Cover Your Legal Bases for the Future

Braden gave me a heads up that the trademark owner should always be your company, not you as an individual. Make sure your LLC or corporation is set up before you file, so you have clear ownership if you ever want to sell your business or protect your assets.

He also covered the importance of having proof (like a sales page and checkout link) that you’re actually using that program name to sell in the real world. Simple details, but ones most coaches overlook until it’s too late. If you plan to expand into retreats, summits, or other offers, get specific about what types of “classes” to include in your application so you’re covered as you grow.

One more thing worth noting: If you ever want an easy gut check before spending money, you can use Braden’s Name Scout tool for a free first round of trademark research. It’s perfect for spotting obvious problems and only moving forward when you feel good about your odds. Plus, he offers a green flag guarantee, if his paid search says your trademark is in the clear and it gets denied, you get a refund. That kind of clarity gives you confidence to move forward, whether you’re just starting out or trademarking your third offer.

We covered plenty of ground around trademark strategy, but Braden also shared some really helpful tips about program naming and what counts as actual “proof of use.” To catch those insights as well as a great laugh about who actually gets obsessed with owning every domain, check out the full episode.