Sara’s Playing Chess, Not Checkers
How a Trademark Rejection Might Actually Be a Strategy | I Am What an Intellectual Property Attorney Looks Like.
Hey Fam,
It’s always great to connect with you.
When news broke that Sara Blakely’s trademark application for SNEEX was denied by the USPTO, many people saw it as a setback. But we see something different: a long-game strategy in action.
This isn’t checkers. This is chess.
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According to the USPTO, SNEEX was too close in sound and spelling to a UK-based registered trademark called SNEAK—a brand covering a wide range of goods, from dietary supplements to T-shirts.
The result? A likelihood of confusion refusal.
But if Sara’s legal team was playing the long game, they likely knew this was coming. And they may have filed anyway. Why?
Because sometimes, the most strategic move isn’t avoiding rejection—it’s anticipating it and building your brand strategy around what happens next.
Any solid trademark strategy begins with a comprehensive search. This includes not just finding similar marks, but evaluating the age, status, and renewal deadlines of those marks. In this case, SNEAK is set to expire in early 2026.
Yes, refusals happen. But if you know it’s coming, you can respond on your own terms—with a response strategy that includes timing, evidence, and an understanding of the other mark’s potential abandonment.
And sometimes, waiting is the smartest move of all.
Trademarks may be “forever,” but only if they’re maintained properly. If a registration isn’t renewed or actively used in commerce, it becomes vulnerable.
So, what if Sara’s team is simply waiting for SNEAK to expire, at which point they’ll move forward again? That’s not giving up. That’s legal chess.
A few years ago, we had a client with a similar challenge: an exciting brand, a powerful story, and a potentially conflicting mark standing in the way.
Most would have told her to abandon the application.
We researched the opposing mark’s activity—no recent website updates, no live use in commerce, and a looming expiration date. We developed a three-year legal roadmap, prepped her for the likelihood of rejection, and filed anyway.
And when that opposing registration finally lapsed? We were ready.
We moved fast. Filed strategically. And helped our client secure her trademark.
That’s how you play the long game.
At Firm for the Culture, we help ambitious, visionary founders—especially women of color—protect, monetize, and leverage their intellectual property with the same strategic precision as any global brand.
You don’t need to be a celebrity to have a brand worth defending.
You just need a team who sees the bigger picture and knows how to move accordingly.
Whether you’re scaling a wellness brand, launching a tech product, or building a legacy rooted in social impact, your ideas deserve protection—on your timeline, with your long-term vision in mind.
Need Help Protecting Your Creativity?
If you are unsure—or if you know you need to take action—reach out to us.
We have helped countless founders and creatives safeguard their intellectual property, and we would love to do the same for you.
Is Sara Blakely’s trademark denial really a loss, or is it a calculated move in a bigger game?
I’d love to hear your thoughts—drop a comment or reply with your insights!
If you need further guidance, reach out to me and my team at Firm for the Culture.
We’re here to help you navigate the copyright, trademark, and thought leadership journey.
Can’t wait to help you protect your dynamic impact.
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Thanks for reading.
See you next time.
Hi, where is the founder's letter referenced in the Substack, Sara's playing chess, not checkers" that I received in my email newsletter?