As a boutique fitness studio owner, you've poured your time, energy, and heart into building your business. You've cultivated a dedicated clientele, created a unique brand, and established your reputation in the community. And that can't be taken from you, right? But what if you were forced to rebrand? Without a trademark, that's a real possibility and one that I've experienced with clients multiple times.

I spoke with Maddison from Sunshine Law Firm to learn why studio owners should prioritize trademarking their business when they already have so much on their plate. Here's what I learned and why you should consider taking action to protect your studio.

Why Your Studio Needs a Trademark

There are over 40,000 boutique fitness studios in the US, and most studio owners don't have a trademark filed with the US Patent and Trademark Office (USPTO). Just think about how many Core Pilates you've driven by in your life (no shade to anyone who owns a Core). To illustrate, out of 30 private client studio owners, I have six studios with the same or similar name. Of course, the chains and big brands are trademarked, but all businesses (especially brick-and-mortar businesses and their expensive signage) benefit from trademark protection. Here's why:

1. Create a Unique Brand Identity: Your brand sets you apart. A trademark solidifies your identity and ensures no one else can use it. It's not just about standing out; it's about ownership.

2. Avoid Costly Rebranding: Imagine building years of goodwill and recognition and spending thousands on signage, digital real estate, and apparel, only to be forced to rebrand because someone else owns your name. (I've seen this at least 15 times as a coach). Trademarking prevents this nightmare.

3. Prevent Copycats: A trademark stops others from riding on your hard-earned reputation. That means no one else can profit off your ideas or confuse your audience by mimicking your brand.

What Makes a Trademark Distinct?

To secure a trademark, your brand name or logo must be unique. Here's what the USPTO looks for:

• Visual Similarity: How does your logo or name look compared to others?

• Auditory Similarity: Does your name sound similar to another? (Hint: swapping a "K" for an "X" won't cut it.)

• Conceptual Similarity: Does your brand convey the same idea as another? For example, "Path" and "Way" are probably too close for USPTO.

• Market Overlap: Are you offering the same services to the same audience? If so, consumer confusion is likely, and your mark won't pass.

The Trademark Process in 4 Steps

I asked Maddison at Sunshine Law Firm to explain her process so studio owners know what to expect if they hire an attorney. Here's what her team does:

1. Consultation & Initial Search: After onboarding as a client, they'll complete a basic trademark search for your brand.

2. Comprehensive Search: After their initial quick search, they'll search everywhere for any existing uses of your name, logo, slogan, or branding that could cause problems for your submission.

3. Assessment: They gather all their findings and send a professional opinion on how you should file and your chance of success.

4. Filing: Sunshine Law handles the application, responds to USPTO inquiries, and navigates any roadblocks.

Maddison notes that most rejections happen during the back-and-forth phase with the USPTO—a phase where experienced attorneys make all the difference because they understand the legalese and can counter.

Key Details Studio Owners Should Know

• Classes of Goods/Services: Fitness studios typically fall under Class 41 (education, entertainment, coaching, and e-courses). The same name can exist in different classes as long as there's no overlap.

• Dead Marks: If you've seen trademarks marked "dead" during a search, these are often DIY attempts that failed or old marks that have lapsed. They may be available for use if they weren't rejected initially.

• Policing Your Trademark: The USPTO doesn't enforce trademarks; you or your attorney will. If someone uses your brand, you'll need to reach out on your own and even send a cease-and-desist letter if necessary. You could also come to a licensing agreement if they don't want to change and you're willing to share.

Why DIY Trademarks Often Fail

Trademarking might sound straightforward—fill out a form and pay a fee, right? Wrong. The process involves months (often over a year) of back-and-forth with USPTO. Most people don't know how to navigate the system, handle rejections (known as office actions), or assign the right class to their services. This can leave you beyond frustrated and out hundreds of dollars.

I consider myself pretty savvy. I have a few degrees, including my MBA, and I know my way around a government website, so I filed Flex Fusion Studios myself when I was young and bootstrapping my business on a shoestring budget. I cried multiple times during the process, and I now know that 81% of marks filed without an attorney fail. Somehow, I was stubborn enough to battle through the back and forth while finishing my Master's degree and launching a new studio. I did manage to trademark my first business on my own, but I didn't even consider it this time. I went straight to Sunshine Law Firm to file for me, and it was worth every penny. (This isn't sponsored, I'm just a fan). Instead of tackling it alone, Maddison suggests letting professionals handle it while you focus on what you do best: running your studio.

Tips for Studio Owners Who Still Want to DIY

If you’re still determined to file a trademark on your own, you need to be prepared for a detailed and often complex process. Here are some tips to increase your chance of success:

1. Conduct a Thorough Trademark Search

Before filing, check if your desired studio name or logo is already in use.

• Use the USPTO’s Trademark Electronic Search System (TESS)

• Search for exact matches and similar-sounding names.

• Look for “live” trademarks (active registrations).

• The USPTO will reject trademarks that are too similar to existing ones, so compare your name to other names in your industry.

2. Choose a Strong and Distinctive Name

The USPTO rejects names that are too generic.

• Best choices: Unique, made-up, or imaginative names (e.g., "SoulCycle" is unique, while "The Pilates Studio" is too generic). I was able to trademark “Flex Fusion” but not “Flex Fusion Studios”.

• Avoid common words: A name like "Core Pilates" might face rejection due to its widespread use.

3. Select the Correct Trademark Class

Fitness studios typically fall under Class 41, which covers education, entertainment, fitness instruction, and coaching. Each class requires a $350 filing fee.

4. Prepare a Proper Specimen

A specimen is proof of how you use your name in business.

• If filing for a word mark, submit website screenshots, class schedules, or signage.

• If filing for a logo, submit branding materials showing the logo in use.

5. Understand the Timeline

• After filing, you won’t hear back for 6-8 months.

• If the USPTO has issues, they’ll send an Office Action, which you must respond to.

• If everything clears, expect approval in 15-18 months.

The Cost of Protection

As of today, it’s $350 to file directly with USPTO. Sunshine Law offers trademark services for $2,222 (which is SUPER reasonable), plus the $350 filing fee per class. It's an investment, but when you consider the cost of rebranding—or losing your brand altogether—I think it's worth it.

The general rule for trademarks is first to file, not first to use. So, even if your business is ten years old, it's a good idea to file now. You've worked hard to build your business and your brand. Protect it.