Someone Is Using My Business Name. What Can I Do?

You’ve built a name and reputation — then you discover another business using something confusingly similar. It’s frustrating, and potentially damaging. Here’s how to think about your options.

When another business uses your name or brand, your options depend heavily on one thing: what rights you actually hold. The stronger and more established your rights, the more you can do.

First, Assess Your Rights

Do you have a registered trademark? Have you been using the name in commerce, and for how long? A federal trademark registration gives you the strongest position — nationwide rights and a legal presumption of ownership. Even without registration, you may have some “common law” rights in your area, but they’re narrower and harder to enforce.

Your Options

• Cease-and-desist letter — often the first step, formally demanding they stop. Many disputes end here.
• Negotiation — sometimes a coexistence arrangement or transition makes sense
• USPTO proceedings — opposing or cancelling their trademark application if applicable
• Litigation — pursuing an infringement claim when other steps don’t resolve it

Move Carefully

Before firing off a letter, it’s worth confirming your position — sending an aggressive demand when your own rights are weak can backfire. And if you don’t yet have a registered trademark, this is often the wake-up call to get one, both to strengthen your hand now and to prevent the next copycat.

Can I stop someone from using my business name?

It depends on your rights. A registered trademark gives you the strongest position. Even without one, you may have common-law rights, but they’re narrower. The first step is assessing what you actually hold.

What is a cease-and-desist letter?

A formal letter demanding the other party stop using your name or brand. It’s often the first and most cost-effective step, and many disputes resolve at this stage.

Should I register a trademark?

If you haven’t, a dispute is often the wake-up call. Registration strengthens your position now and helps prevent future copycats. We handle clearance searches and applications.

This article is general information from Accord & Shield Legal, PLLC and is not legal advice. Reading it does not create an attorney-client relationship. For guidance on your specific situation, please consult a qualified attorney.