You’ve spent time, money, and energy building your brand. You’ve designed a logo, picked a business name, and started getting customers. Then one day, you see another business—or worse, a direct competitor—using your brand name.
It’s frustrating. It’s damaging. And it might be illegal.
Here’s what you should know and do if someone is using your trademark without permission.
First, Confirm the Infringement
Not every similar name is a trademark violation. To have a viable claim, the other party must be:
- Using a name that’s identical or confusingly similar to yours;
- In a related industry or offering similar goods/services;
- Creating a likelihood of confusion for consumers.
This means someone across the country using your name for a completely different kind of business might not be infringing. But if they’re in your space—especially online or in your local area—there’s a strong case.
Do You Have Trademark Rights?
Even if you haven’t registered your trademark with the USPTO, you may still have what are called “common law” rights. These arise from actually using the mark in commerce. However, without a registration, enforcing those rights is harder.
If you do have a federal trademark registration, your rights are stronger, easier to prove, and more likely to succeed in court or during a dispute resolution process.
What You Can Do
- Document the Use – Take screenshots, save dates, gather URLs, and preserve all evidence of the other party’s use.
- Consult an Attorney – A trademark lawyer can assess the infringement and your rights, and advise you on strategy.
- Send a Cease-and-Desist Letter – Often the first step. This formal letter demands the infringer stop using your mark.
- File a Takedown – Platforms like Shopify, Etsy, Amazon, and Instagram allow trademark owners to submit takedown requests.
- Consider Legal Action – If necessary, you can file a trademark infringement lawsuit for damages and injunctive relief.
What If They Registered the Trademark First?
If the other party filed before you, the situation gets more complicated. But you may still have rights—especially if you used the mark first.
In some cases, you can challenge their registration with a cancellation proceeding. In others, negotiation or coexistence agreements may be possible.
How to Prevent Future Infringement
- Register Your Trademark – This is the best way to protect your brand nationwide.
- Monitor Your Brand – Use Google Alerts and trademark watch services to catch unauthorized use early.
- Act Quickly – The longer you wait, the harder it becomes to stop infringers or assert your rights.
Final Thoughts
Brand protection isn’t just about paperwork—it’s about securing the foundation of your business. If someone is using your name, take it seriously.
📞 Contact us at 888-914-0011 or email contact@landrypllc.com to take the next step in defending your brand.
