Why Using Trademarked Names Can Cost Small Businesses

Let’s talk about trademarks, because this is one of those topics people don’t think applies to them… until it suddenly does.

We often see
“I’m only small.”
“I’m not copying them exactly.”
“They won’t notice me.”

And I get it. When you’re a small business, trademarks can feel like a “big brand problem”. But the reality is, trademark law doesn’t care how big or small your business is.

If you’re using a trademarked name, phrase, logo, or image without permission, you’re taking a risk, whether you sell one product or one thousand.

A trademark protects a brand’s identity. That includes names, logos, slogans, distinctive phrases, and sometimes even packaging styles and imagery. If something is registered as a trademark, the owner has the legal right to stop others from using it in a way that could cause confusion or benefit from their brand recognition.

And yes,  big brands do go after small businesses. We've seen it happen.

Not because they’re being mean, but because they have to. If a trademark owner doesn’t enforce their trademark, they can actually weaken or lose their protection. So when they see unauthorised use, they’re often legally obliged to act.

This is where people get caught out.

Using trademarked names for fragrance dupes, product titles, or “inspired by” ranges is a common one. So is using brand names in product descriptions, social media captions, or imagery to help customers understand a scent or theme. Even if your intention isn’t to mislead, it can still be considered infringement.

Images are another big risk area. Logos, branded packaging, recognisable product shapes, screenshots from websites, and promotional images are usually protected by trademark and copyright. Just because an image is online doesn’t mean it’s free to use.

What often happens is this: a small business grows a bit, becomes more visible, or starts doing well. That’s when brands notice. And the first contact usually isn’t friendly advice,  it’s a cease and desist letter.

At that point, the options are limited. You’re usually required to:

• Remove products immediately

• Change names, labels, and marketing

• Destroy stock in some cases

• And potentially account for past sales

Rebranding after the fact is expensive, stressful, and completely avoidable.

A lot of people assume adding disclaimers like “not affiliated with” or “inspired by” makes it okay. Unfortunately, that doesn’t automatically protect you. If the trademarked name or branding is still being used in a way that benefits your product, it can still be a problem.

The safest approach is simple, even if it feels frustrating at first. Create your own names. Build your own brand identity. Let your products stand on their own, without leaning on someone else’s reputation.

Yes, it takes more creativity.
Yes, it takes more effort.
But it protects you in the long run.

If you’re ever unsure whether something is trademarked, checking trademark databases before launching a product should be part of your process, just like safety assessments and labelling. It’s not about being overcautious, it’s about being professional.

This isn’t meant to scare you, but it is meant to be honest.

Big brands don’t need to “pick on” small businesses. Trademark law gives them the power to act, and they do use it. Protecting yourself early is always easier than fixing things later.

Your business deserves to grow without the fear of a legal email landing in your inbox one morning.