Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Disputes & enforcement guide
Short answer: Document the use, confirm your own rights and who used the name first, and then choose a response that fits the situation — often a cease-and-desist letter, but sometimes a marketplace takedown, a USPTO opposition or cancellation, or a federal lawsuit. Do not contact the other business in anger before you know where you stand.
Step 1: Document everything
Before anything changes, capture evidence: screenshots of their website and social accounts with dates, photos of products or signage, links to marketplace listings, and any examples of actual customer confusion — misdirected emails, reviews meant for you, or customers asking if you are related. Confusion evidence is some of the most persuasive proof you can have.
Step 2: Confirm your rights
- Do you have a federal registration? A registration gives you nationwide priority from your filing date and a presumption that you own the mark.
- Who used the name first? If the other business started before your filing date, it may have its own common-law rights in its area.
- Are the goods or services related? Trademark rights stop confusion, not every use of a word. Two unrelated businesses can often share a name.
- Is your mark strong? A distinctive, invented name is easier to enforce than a descriptive one.
Step 3: Choose the right response
Cease-and-desist letter
The most common first step. A well-drafted letter explains your rights, identifies the infringing use, and asks the other party to stop or transition away by a reasonable date. Many disputes end here. A letter that overreaches, though, can backfire — it can even prompt the other side to file a lawsuit asking a court to declare they do not infringe.
Marketplace and platform takedowns
Amazon, Etsy, Instagram, and other platforms have trademark complaint procedures. Most require a registration, which is another reason to file early. See trademarks for Amazon Brand Registry.
Domain name disputes
If someone registered a domain using your mark in bad faith, the UDRP process can transfer it without a lawsuit. See domain names and trademarks.
USPTO opposition or cancellation
If the other party is trying to register a confusingly similar mark, you can oppose the application at the Trademark Trial and Appeal Board, or petition to cancel a registration. See what a trademark opposition is.
Federal lawsuit
When a letter does not work and the harm is significant, the Lanham Act lets trademark owners sue for an injunction and, in some cases, money damages and the infringer’s profits. Litigation is expensive, so it is usually the last resort.
How do I stop this from happening again?
Ongoing trademark monitoring catches new filings and uses before they become entrenched, and acting quickly matters — waiting too long can weaken your position.
If you have found someone using your name, talk to a trademark attorney before sending anything. A short consultation can tell you how strong your position is and which response makes sense.
Frequently asked questions
Can I stop someone from using my business name if I do not have a trademark registration?
Possibly. Unregistered marks can have common-law rights in the area where they are used, but those rights are limited geographically and harder to prove. A federal registration makes enforcement much easier.
Should I send a cease-and-desist letter myself?
You can, but it is risky. A poorly worded letter can overstate your rights, admit weaknesses, or prompt the other party to sue first. Having a trademark attorney draft or review it is usually worth the cost.
How long do I have to act if someone is infringing my trademark?
There is no single deadline, but delay can hurt you. Waiting too long can weaken a claim for an injunction and may support defenses such as laches. Act promptly once you learn of the use.
What if the other business was using the name before me?
A prior user may have rights in its local area even if you later registered the mark federally. A trademark attorney can evaluate who has priority and where.
This article is general information, not legal advice. Every situation is different — talk to a trademark attorney about yours.