WP163 | Protecting Your Brand and Avoiding Trademark Scams with Joey Vitale

Today’s episode is such a good one, y’all. If you’ve ever wondered how to actually protect your brand—or if all those scary trademark scam letters are legit—you are in for a treat. I brought back one of my favorite past guests, Joey Vitale, and trust me… when someone comes on the Wise Practice Podcast twice, it’s because they REALLY know their stuff.

Joey is not only a top-rated trademark attorney, he’s the guy who makes the legal side of business feel simple, human, and—dare I say—fun. And after everything he’s taught me (and after using his team personally for my own trademark), I knew we needed a round two.

Today, we’re diving into what’s new in the trademark world, how to spot a scam a mile away, why those “blue check” Gmail verifications matter, and the surprising places your brand might be at risk without you even realizing it. And listen—after the week I’ve had using ChatGPT to accidentally make up an entire fictional plot for my book club (yes, really), I can confidently say: do NOT let AI handle your trademark strategy. Leave that part to the experts.

So if you want to protect the business you’ve worked so hard to build—or you simply want to stop second-guessing every trademark-ish email that lands in your inbox—this episode is going to give you clarity and peace of mind.

Let’s jump in and talk trademarks, scams, and everything in between with the brilliant and always entertaining Joey V.

Why Trademarks Actually Matter (More Than You Think)

When Joey and I first connected, I knew trademarks were “important”… but honestly, I didn’t know how important.

A trademark is what gives you the legal right to your name, logo, or slogan.

Without that protection, another business—intentionally or not—could start using something similar, leaving your clients confused or even redirecting them away from you.

Even more alarming?

You could receive a cease-and-desist letter telling you you are the one infringing on them… even if you used the name first.

That’s why Joey calls trademarks a “must-have,” not a “nice-to-have.”

And I get it now more than ever.

The Trending Phrases You Should Not Trademark

One thing Joey stressed in our conversation is that business owners are rushing to trademark things that simply won’t be accepted:

  • Trending phrases

  • Popular Instagram sayings

  • Generic titles like “Next Level Program,” “Elevate,” or “The Practice Podcast”

The trademark office is looking for something much more distinct—something that uniquely identifies you in the marketplace.

So while those catchy phrases work great for content, courses, and promotions, they may not work as trademarked names. Joey breaks down the “why” in the episode, and it’s eye-opening.

When Two Practices Have the Same Name

This part hit close to home.

My practice, Waters Edge Counseling, is actually a name used by several practices across the country. Recently, their employee reviews started showing up on my Indeed page. Imagine potential applicants reading negative reviews that weren’t even about us!

So… what does that mean legally?

Can I ask those other practices to change their names once my trademark is complete?

Joey explains that it all comes down to:

  • Who used the name first

  • Whether you serve overlapping clients

  • Whether your trademark is already registered

  • And whether the confusion is significant

He helps break down what “playing defense” and “playing offense” look like with trademarks—which is incredibly helpful for practice owners navigating similar situations.

The Rise of Trademark Scams (They Are Getting Sneaky!)

If you’ve ever filed a trademark or even thought about it, chances are high you’ve received a suspicious letter in the mail. Joey told me scammers are now:

  • Sending fake invoices

  • Creating official-looking documents

  • Even spoofing the USPTO phone number and calling business owners

  • And—this shocked me—sending scam emails that look exactly like Gmail or government notifications

It’s frustrating and frightening for business owners who don’t know what’s real and what isn’t.

But Joey says if you’re working with an attorney, you’ll get far fewer of these scams—and you’ll always have someone to ask when something feels off.

A New Surprise: The Gmail “Blue Check” for Businesses

This was one of my favorite parts of the episode because I had NO idea this existed.

Gmail is now positioning itself like social media platforms—with blue check verification for legitimate brands. When your brand is verified, your emails jump out in inboxes and are less likely to land in spam or promotions.

Here’s the kicker:

To get it, your logo has to be trademarked.

As someone who sends a ton of emails for both my practice and consulting work, the idea of email deliverability improving just because my logo is trademarked is a huge win.

My Experience Working With Indie Law

If you’ve followed this podcast for a while, you know I’m selective about who I recommend. I’ve had an amazing experience working with Joey and his team.

They made the entire process:

  • Clear

  • Easy

  • Transparent

  • And stress-free

And now that I understand what’s happening behind the scenes, I’m even more grateful for the support.

Final Thoughts

Running a practice comes with enough challenges—your brand shouldn’t be one of them. Protecting your business name, your programs, and your reputation isn’t something to put off for “someday.”

If you’ve been wondering whether you need a trademark… the answer is probably yes.

And today’s episode is the perfect place to start.

Joey Vitale’s Resources

Website

👉 $300 off any trademark service after you book and complete the free consult call.

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YouTube

Facebook

The 3 Mistakes You Must Avoid to Protect Your Brand with Joey Vitale

Links and Resources

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WP164 | How to Scale to a 7-Figure Practice with Alison Pidgeon, LPC

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WP162 | Creating a Practice That Changes You with Shelby Rhea Miller, LPCC