If someone is using your business name, brand name, or trademark without permission, you may be wondering what your legal options are—and how serious the situation really is.
Your brand name is one of your most valuable business assets. It represents your reputation, goodwill, and the trust your customers place in you. Unauthorized use by another business can cause customer confusion, damage your brand, and cost you revenue.
At Katie Charleston Law, PC, we help businesses, creators, and entrepreneurs protect their trademarks, copyrights, and brand identity nationwide.
Below is what you need to know if someone is using your brand name and what steps you may be able to take.
Understanding Trademark Rights and Brand Name Protection
Before taking action, it’s important to understand how trademark rights work under U.S. law.
- Trademark rights arise through use in commerce, not simply by registering a business entity or domain name.
- Federal trademark registration with the U.S. Patent and Trademark Office (USPTO) provides nationwide protection and stronger enforcement options.
- Common law trademark rights may exist even without registration, but they are typically limited to the geographic area where the brand is used.
Whether you have enforceable rights depends on how, when, and where your brand name is used.
Step 1: Is the Other Party’s Use Trademark Infringement?
Not every use of a similar business name qualifies as trademark infringement. Infringement occurs when the other party’s use is likely to cause consumer confusion regarding the source, affiliation, or sponsorship of goods or services.
Key factors include:
- Similarity of the names
- Similarity of goods or services
- Overlap in customers or marketing channels
- Strength and recognition of your brand
If the businesses operate in unrelated industries with no overlap, legal action may not be appropriate—but many disputes fall into legally complex gray areas.
Step 2: Gather Evidence of Your Brand Name Use
If you believe someone is infringing on your brand, documentation is critical. Evidence may include:
- First date of use of your brand name
- Advertising and marketing materials
- Sales records and invoices
- Website and social media screenshots
- Customer communications showing confusion
This information helps establish priority of use, which is often decisive in trademark disputes.
Step 3: Conduct a Trademark Search and Legal Evaluation
A comprehensive trademark search can identify:
- Existing federal or state trademark registrations
- Pending USPTO applications
- Conflicts that may affect enforcement or registration
This step helps determine whether enforcement, registration, negotiation, or litigation is the most effective strategy.
Step 4: Attempt Informal Resolution When Appropriate
In some cases, the other party may be unaware they are infringing. A carefully drafted notice or communication can sometimes resolve the issue quickly.
However, poorly written outreach can weaken your legal position or create unintended admissions. Legal guidance is critical before contacting the other party.
Step 5: Send a Cease and Desist Letter
If informal resolution fails, a cease and desist letter is often the next step. This letter formally demands that the infringing party stop using your brand name and preserves your legal rights.
A strategic cease and desist letter can often resolve trademark disputes without litigation when handled correctly.
Step 6: Trademark Infringement Lawsuit
If unauthorized use continues, a trademark infringement lawsuit may be necessary. Depending on the case, legal remedies may include:
- Injunctive relief preventing further use
- Monetary damages
- Recovery of profits
- Removal or destruction of infringing materials
Trademark litigation should be pursued only after careful evaluation of cost, risk, and business objectives.
Step 7: Trademark Registration and Ongoing Brand Protection
One of the most effective ways to prevent future brand misuse is federal trademark registration. Registration provides nationwide protection, public notice, and access to enhanced legal remedies.
Ongoing trademark monitoring can also help identify potential conflicts early—before they become costly disputes.
What If Someone Else Already Registered My Brand Name?
If another party has already filed or obtained a federal trademark registration, you may still have options, including:
- Filing an opposition against a pending application
- Seeking cancellation of an existing registration
- Asserting prior rights based on earlier use
These proceedings require careful legal strategy and strong supporting evidence.
Protect Your Brand and Your Business
If someone is using your brand name, business name, or trademark without authorization, you may have legal options—from cease and desist letters to trademark enforcement and litigation.
If you’re facing brand name infringement or trademark misuse, Katie Charleston Law, PC can help you evaluate your rights and determine the best course of action.
Contact us today to schedule a consultation with an experienced trademark attorney.