Choosing a brand name is similar to choosing a baby name—only harder.
Fall in love with the name Madison, Charlotte, or Emma? No problem. Your child might encounter others in her class with the same name, but no one will sue you for it.
Of course, such similarities are not tolerated in the business world where money is on the line for brands, products, and services. Put simply, if you care about your name, you must register its trademark. And while common law does offer some protection, it isn't wise for any business to rely solely on it. Should you ever choose to expand your offerings outside of your region, you will risk trademark infringement.