I first met Kelly Watson when she interviewed me for a thesis she was writing.  I was immediately impressed with her sense of self and vision for marketing.

Recently, I heard that she’d had to change the name of her business because of trademark issues.  I contacted her to see if she’d like to share her story, as a cautionary tale for anyone who is thinking of starting their own business.  Kelly was game, and so we talked!

MM:  The original name of your company was Womenwise Marketing, correct? How did you come up with that name, and what year did you start the company? What does your company do?

Yes. I’m a freelance copywriter, and I named my first business “Wordwise Marketing.” But over time I realized that my true passion was helping other women in business, so “Womenwise Marketing” seemed like a natural transition. I started using that name in the summer of 2008, and started the Womenwise Marketing blog later that fall.

MM:  Then you ran into some trademark issues. Can you tell us a little about that, and how it transpired?

Almost three years after I started using the name “Womenwise Marketing,” I received a letter from a lawyer saying that someone else owned the trademark, and they were giving me a week to re-brand. I have an acquaintance who’s a trademark lawyer, so I had him look into it. He told me that the other company owned the trademark, and had started using it before me. So unfortunately, I had little choice but to comply.

MM:  And how did things turn out?

I was devastated at first, because I had put so much work into the brand. But eventually I thought of a new name: “One Woman Marketing.” It not only described me perfectly, but described the situation of many women I work with: like me, they own their own businesses and serve as a one-woman marketing department. I began to see the situation as a God-send, because I never would have changed my name had it not happened.

MM:  So, you had to change the name – not only for your business, but your blog, etc.

Yes.  First I was angry. When I learned I had no case, I felt incredibly stupid and guilty. I kept saying, “I should have known – but how could I have known?” I also spent a few days feeling sad and resigned and sorry for myself. Rebranding eventually distracted me. And people have been amazingly supportive, which helped.

It’s important to let people know that the other company isn’t the villain. One of the things I learned is that when you file a trademark, you become responsible for pursuing anyone who encroaches on that name. Otherwise you could lose rights to it. So the other company wasn’t being a bully — they were just protecting their business.

MM:  You’re pretty resilient, and I admire you for that. If you were to meet someone who was also going through the same situation, what advice would you give them?

Thanks! I’d recommend finding a trademark attorney you trust. People kept encouraging me to fight the lawsuit, which would have been a losing battle and could have cost tens of thousands of dollars. But having a trademark attorney explain things helped me to avoid a lot of problems.

Also keep in mind that this happens more than people might think. During the re-branding process, several clients of mine revealed that they’d experienced similar situations — some more than once! It made me realize that I’m not alone.

MM:  In order for business owners to avoid such a conflict in the future, what would you recommend?

Don’t just rely on a cursory Google search to see if someone owns a trademark. Search the trademark registry at http://www.uspto.gov/trademarks/index.jsp. And if your name is something you can’t afford to lose, talk with a trademark attorney and make sure it’s protected. Trademarking your name requires a small upfront investment, but it can protect you from trouble in the future.

MM:  It looks like you’ve come through this with flying colors. I see that One Woman Marketing has already reached the #1 position on Google (even for the “Womenwise Marketing” search!). What are your plans for the near future?

The name change helped me clarify where I want my business to go. I was never really comfortable as a marketing “guru,” but I’ve always been happy to share what I’ve learned. So I’ve allowed myself to become more personal on my blog and in everything else I do.

I’m currently developing a coaching program to help women overcome insecurities and create a workable marketing plan for their business. I also have a marketing book proposal I finished last year that I’d like to get published eventually. And as always, I’m doing web copywriting, speaking gigs and trying to build my blog readership.

MM:  Thanks so much for sharing your story, Kelly, and for offering such great advice to all business owners out there.  To read more from Kelly Watson, be sure to check out her blog at One Woman Marketing.