When To Trademark Your Wellness Brand With Sarah Waldbuesser

You don’t truly own your business until you trademark your wellness brand. Harsh but true – and it’s a reality too many entrepreneurs don’t face until it’s too late. The trademark process might seem like a legal formality, but it’s the foundation of real brand ownership.

Thinking of rebranding, launching a signature course, or finally putting that killer podcast idea into the world? Before you do, let’s have a tough love chat about the real OGs of brand protection: trademarks and copyrights.

Because nothing kills momentum (or morale) faster than building your entire business on a name you don’t even own.

I’ve seen it happen.
Years of building a reputation, stress-testing a program, investing in logos and design – gone overnight because someone else snags the trademark first. Or you discover your next big idea is just a cease-and-desist away from disaster.

This isn’t fear-mongering. It’s an entrepreneur’s reality. And in a world where every coach, consultant, and creative is (and should be!) thinking bigger, knowing how to trademark your wellness brand and protect your intellectual property isn’t a “nice-to-have.” It’s non-negotiable.

Lucky for us, I brought in the trademark and copyright powerhouse, Sarah Waldbuesser, to clarify what actually needs protecting, how the law sees your brand versus your content, and how to make sure you (and only you) get to claim your genius.

Trademark vs. Copyright: The Real Difference (And Why You Need Both)

If you’re a business owner or content creator, you’ve probably tossed both terms around. But do you really know what they mean–or more importantly, what they don’t mean?

Here’s Sarah’s quick-and-dirty framework:

• Copyright = Content: Think of blog posts, course materials, ebooks, photos, and everything you create and publish in a fixed form. It’s automatically yours when you create it (at least, in most countries, including the U.S.).
• Trademark = Brand: This covers your business name, signature program, product lines, logos, podcast name, course name–basically anything that defines how you show up in the marketplace.

You might think, “Cool, I’m protected, end of story,” but I’m here to tell you…not so fast.

So What Does Copyright Actually Do?

If you’ve labored over a course, published an ebook, or just written a killer caption, that’s covered by copyright the moment you hit ‘publish.’ No fancy paperwork required.

But here’s where most people get tripped up:

• If someone rips you off–a copied blog post, a stolen workbook–copyright lets you send them a cease and desist and ask websites to take it down.
• Want the right to SUE for damages? You’ve got to register that copyright with the government first, and only if you’re ready and willing to enforce it.
• Only lock it in when your content is FINAL. Update your course, and you’ll need a new registration.

In other words: Copyright defends your content, but it’s not about “naming” your business or products.

What Makes Trademark Different (and Kind of a Big Deal)

Here’s why trademarks are the bread and butter of serious brands:

• They lock down the crucial brand assets you’ve poured your energy (and dollars) into.
• It’s the difference between “I hope nobody copies my course name” and “Nobody can–because I own the name.”
• Trademarks are how you STOP someone else from using, confusing, or hijacking your brand equity.

Here’s the catch:
Trademarks take time (like, 9–18 months on average), money, and strategy. This isn’t a set-it-and-forget-it move. It’s a proactive play–the thing that makes your brand defensible, sellable, and scalable.

I learned this firsthand:
My first trademark took nearly 20 months. The podcast’s mark was (only) 8 months. And yes, sometimes it feels like a waiting game, but here’s an insider secret: Protection starts the day you file, not the day you get it approved. Whoever files first gets first rights, so don’t twiddle your thumbs if you love your brand.

Don’t Get Tripped Up on “Classes” and “Categories”

Trademark confusion doesn’t just come from not filing–it comes from not understanding where and how your brand fits.

If you operate a fitness business and there’s a restaurant in another state with a similar name, guess what? You can BOTH trademark your name–as long as you’re in different “classes” (categories of goods/services).
Dove Soap vs. Dove Chocolate? Same name, zero confusion, because they serve entirely different audiences and industries.

BUT–if two businesses operate in the same space (say, nutrition coaching and a nutrition app), you can’t just slap the same name on both and expect the law to be cool with it. The USPTO (U.S. Patent & Trademark Office) wants to know: Would a customer confuse one for the other?

If the answer is yes, you’ll likely hit a legal brick wall.

Still thinking “but my business is local, and theirs is national–doesn’t matter!”? Not really. The test isn’t how far you reach, but whether there’s room for consumer confusion.

Timing Isn’t Everything … Commitment Is

Here’s the question I get the most:
When is the right time to trademark? Right after I start–or after I make my first $100k?

The law doesn’t care how “ready” you are. You can trademark a brand even before you launch to market (it’s called ‘intent to use’). Pro tip: Famous brands do this all the time–looking at you, Kardashians.

But the real answer?
When you’ve got a name that would hurt to lose. (Sarah calls it “the gut punch test.”)

If a cease-and-desist in your inbox tomorrow would throw you into a panic, it’s time to file. If you could walk away and start fresh, maybe wait.

The “Intent to Use” Loophole (and How to Use It Wisely)

File for a trademark before your product, service, or podcast ever hits the market? Yep, it’s allowed–and sometimes strategic.

Here’s what you should know about the trademark process:

• You can reserve multiple uses/classes for your brand at once (so, course + podcast + online shop), but you HAVE to narrow it down before final approval.
• Once the trademark is approved, you have up to 36 months (in six-month cycles) to show actual use. If plans change, you can let it go–no harm, except your initial investment.
• Don’t forget: You can drop uses, but you can’t add new ones after filing. Dream big now, narrow later.

It’s the insurance policy big brands use to safeguard “maybe one day” ideas–and so can you.

What Should Everyone Be Protecting?

Business names are a no-brainer, but don’t sleep on these:

• Signature courses: If you’re building anything you’d consider your “flagship offer,” trademark the name.
• Podcasts: Years of episodes, show notes, blog posts, and Spotify links – changing a name is a logistical nightmare. A podcast name trademark helps you lock it down now, not scramble later.
• Brand-defining products: Anything that is the heart and soul of your business, not just a fun side hustle.

Don’t forget: Before you pick a dreamy new name, dig deep with your research.

1. Google it. See who’s using it (and if they’ve slapped that ® or ™ up yet).
2. Check socials. Is there an overlap?
3. USPTO search. Here’s where your inner detective shines: check for registered and pending trademarks–even slightly similar ones can trip you up.

Bottom line: Bring in a trademark attorney before you invest in branding, URLs, or product development to avoid heartbreak later.

After You Trademark Your Wellness Brand, You’re NOT Done

Trademarking isn’t a “one and done” move, and this is where I see businesses drop the ball – especially when you trademark your wellness brand and think the job’s finished.

Here’s what happens after registration:

• Renewal is required at year 5-6, then 9-10, then every 10 years after.
• You have to “police” your own mark. If someone in your space starts copying your registered name (or one a lot like it), it’s up to YOU to make it stop. Send a kind email first; if that doesn’t do it, hire a pro.
• Fail to renew (or enforce) your mark? It can be canceled, and someone else can swoop in.

PSA: The world is full of ex-trademarks that became generic words (Kleenex, Xerox)–all because the original owners didn’t stand guard.

Overusing ™ Isn’t Protection

Sprinkling ™ everywhere might look legit (or maybe just cheeky), but it doesn’t mean you’re truly protected.

• You can’t trademark every clever phrase, and it only matters if it’s tied to something you actually sell or market.
• Don’t waste time fighting for trademarks on Facebook group names, jokes, or one-liners–it’s about actual commerce.

Ready to Make Your Brand Legit? Here’s Where to Go

I’m obsessed with helping you build a brand that’s defensible – not just desirable. If you’re ready to trademark your wellness brand and lock in the protection your work deserves, Sarah’s the go-to for legal help:

• Trademark services: Twist Law
• Template contracts for coaches & creatives: Destination Legal (grab her free checklist for coaches while you’re there!)
• Resources and workshops for coaches: Follow @thelegitcoach on Instagram

Trademark your brand because your livelihood (and legacy) deserve to be more than wishful thinking.

FAQs: Trademarks, Copyright, and Protecting Your Brand

Your expertise changes lives. Your business deserves airtight protection – not a scramble to fix legal gaps after the fact. Let’s make “brand regret” a thing of the past.

For more insights on legally protecting your health and fitness business, check out this conversation with Rachel Brenke.

And if you need a checklist for next steps or want the behind-the-scenes scoop on all things digital branding? You know where to find me.