Imagine this nightmare scenario...You've built a thriving lawn care or landscaping business over the past 15 years. Your company name is on everything—trucks, uniforms, business cards, your website, and even your ads. Clients recognize it, trust it, and it’s become your most valuable asset.
Then one day, you get a cease-and-desist letter. If you continue to use your brand name, you're getting sued big time.
It turns out that a bigger company—maybe even one from out of state—holds the trademark for the name you’ve been using all these years. And now, they’re demanding that you stop using it immediately.
And it doesn't stop there. You also have to pay them damages and here's the kicker...you also have to pay their attorney fees.
What do you do? You can either:
- Fight them in court, which can be expensive and time-consuming with no guarantee of success.
- Rebrand everything, which means overhauling your website, rewrapping your trucks, redoing signs, printing new materials, editing videos and photos, and the list goes on forever. This is not just costly but also a branding setback.
This isn’t a hypothetical scenario. That’s exactly what happened to one of our clients, and it was a major challenge for their business.
Trademarks: Your Brand’s Best Defense
If you own a landscaping or lawn care business, you might think, “I’m just a local company. Do I really need a trademark?”
The answer is yes.
I sat down with Richard Rimer, an intellectual property (IP) attorney with Initiating Protection Law Group®, to talk about why trademarks matter in the green industry and how business owners can protect themselves from costly legal battles.
What Can You Trademark?
A trademark is any element that makes your brand unique in the eyes of customers. According to Richard, that includes:
- Company Names: The name your customers know you by.
- Logos: Your company’s signature visual identity.
- Taglines: Memorable phrases associated with your business.
- Colors & Packaging: If your brand has a signature look.
- Sounds: Unique jingles or sound bites that identify your brand.
What You Can’t Trademark
Generic Terms: Words that describe what you do, like “Lawn Care” or “Tree Trimming.”
- Common Industry Phrases: If many companies use a term, you probably won’t get exclusive rights to it.
- Your Last Name Alone: Unless it has developed strong recognition (e.g., “Ford” in the auto industry).
The key is that your trademark should be distinctive, not just descriptive of your services.
Our client, Oasis Turf & Tree, wisely trademarked their name as well as their logo. As they expand into new markets, this will help to protect their brand from competitors.
Why Trademarking Matters in the Green Industry
Many landscaping and lawn care business owners assume that simply using their name in business gives them ownership. Technically, they do gain common law rights, but these are very limited.
- Common law rights may only apply to your geographic area. If a competitor trademarks your name in another state, they could block you from expanding.
- Common law trademarks are harder to enforce legally, meaning you may lose a fight against a company with a federally registered trademark.
According to Richard, federal trademark registration provides significantly stronger protection by:
- Expanding your geographic rights from local to national.
- Strengthening your legal position if someone tries to use a similar name.
- Allowing you to block competitors from using confusingly similar branding.
What Happens If You Don’t Trademark Your Brand?
Without a trademark, your business is exposed to several risks:
A bigger competitor could trademark your name and force you to stop using it.
Rebranding is expensive. Updating signs, truck wraps, uniforms, websites, and marketing materials can be a major financial burden.
Legal battles are costly. Losing a trademark dispute could mean paying damages, legal fees, and even the other company’s attorney costs.
Large companies often don’t notice smaller businesses at first. But the moment you start growing—whether through a big marketing campaign or expansion—they will. That’s when legal action becomes a real possibility.
Smart business owners like our client, Chase Coates from Outback Landscape, have gotten professional help to file their trademarks.
How to Get Your Trademark (And What It Costs)
If you’re thinking, “I need to do this, but I have no idea where to start,” here’s what Richard recommends:
Step 1: Get a Professional Search Done
Before registering a trademark, you need to ensure no one else has already claimed it.
Cost Estimate: Around $550+ for a professional search by an IP attorney. A simple Google search is not enough. A professional trademark search reviews federal, state, and industry-specific databases to uncover potential conflicts.
Step 2: File for a Trademark
Once you confirm your brand name is available, you can apply for federal trademark registration.
Cost Estimate: Around $3,500+ for filing in one category (includes government fees and legal support).
The process typically takes about a year and involves multiple steps, including:
- Application review by the U.S. Patent & Trademark Office (USPTO).
- Responses to potential objections from the government or third parties.
- Proof of active use in commerce.
About 85% of trademark applications receive some form of rejection initially, but an experienced attorney can help navigate the process and address issues.
Protect Your Landscaping or Lawn Care Brand Before It’s Too Late
If you own a landscaping or lawn care company, your brand is one of your most valuable assets. Protecting it now can save you from major financial and legal headaches in the future.
71% of my LinkedIn connections are still at risk! Get your trademark ASAP!
If you want to avoid a costly rebrand or legal battle, take action now.
A big thanks again to Richard for shedding some light on trademarks.
For professional trademark assistance, you can contact Richard Rimer at:
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