When it comes to running a photography business, there’s a lot more to protect than just your images. Your business name, logo, and other elements that define your brand are part of your intellectual property (IP), and protecting these assets might be something worth considering.

Now, before we dive in, it’s important to note that trademark and IP law can get complex. That’s why I highly recommend consulting a lawyer if you’re serious about registering a trademark or protecting other parts of your business. This guide is here to give you a solid starting point and help you better understand what steps you might want to take to secure your intellectual property.

Now…let’s dive in!

Common Law Trademarks: What They Are and Why They Matter

In many cases, photographers won’t actually need to worry about formally registering a trademark.

That’s where common law trademarks come in. A common law trademark is something you already have just by running your business and using unique marks, logos, or names that represent your brand.

These marks can include your business name, logo, graphics, or product names, and they give you a certain level of protection—without needing to file anything.

For example, if you’re a photographer in Texas using the name ‘Dreamscape Photography,’ you have rights to that name within the state. No one else can use it to sell photography services in your area!

Common law trademarks are governed by state law, meaning your rights are generally limited to your specific geographic area. So if your business only operates in one state, you’ve got some natural protection—but it won’t extend nationwide.

If you need nationwide protection, this is where formally filing for trademarks does come in handy!

The Pros and Cons of Common Law Trademarks

One of the biggest perks of common law trademarks is that they’re free and don’t require any paperwork. However, the drawback is that they only protect you in the areas where you actively do business.

If you’re not worried about someone using your business name in another state or country, common law protection might be enough for you.

But for photographers who work across multiple states—or even internationally—formal trademark registration could offer stronger protection.

Should You Register a Trademark?

Photographers with unique business names or those operating in multiple states might want to consider formally registering a trademark. The process can be straightforward, but it also has some costs.

Typically, filing for a federal trademark costs around $300 (if you do it yourself, that is), and this can be done online through the United States Patent and Trademark Office (USPTO).

It’s worth noting that even if you file, there’s no guarantee your application will be approved.

If someone else has already registered a similar trademark, or if your business name is too generic, your application could be denied.

This is where consulting a lawyer can be really helpful—they’ll help you navigate these tricky waters and increase your chances of success. Let’s talk about that now!

Working With a Lawyer: Why It’s Worth It

As with most legal things like setting up a business structure or creating contracts, navigating trademark law can be tricky, and while you can handle some steps on your own, working with a lawyer who has expertise in trademarks can save you time and help avoid costly mistakes.

An experienced lawyer can guide you through the entire process—from checking whether your trademark is likely to be approved to enforcing your rights if someone infringes on it.

In fact, we’ve compiled a blog post with Recommended Law Firms for Photographers who specialize in areas like intellectual property and trademarks. These firms understand the unique needs of creative businesses like photography studios, making them a great resource if you’re considering legal protection for your brand.

Enforcing Your Trademark

Registering a trademark isn’t just about securing your business name.

If someone infringes on your trademark, it becomes your responsibility to enforce it.

For example, if another photographer in a different state starts using the same business name as you, you’d need to take action to protect your trademark.

Often, this enforcement process starts with a lawyer sending a cease-and-desist letter. It’s always best to work with a professional who can handle the legalities for you, especially in circumstances like this where you have to pro-actively protect yourself, making the whole situation less stressful.

Is a Trademark Worth It?

Like we mentioned at the start, most photographers won’t actually need to worry about filing for a federal trademark. Common law protection is often sufficient, especially if you’re a solo photographer working locally.

However, if you’re growing your business, working nationally or internationally, or you have a unique brand that you want to safeguard, it might be worth looking into trademark registration.

At the end of the day, whether you should register a trademark depends on your business goals and where you see your brand in the future.