Protect Your Name: What to Do If Someone Uses Your Business Name
Here’s the deal—your business name isn’t just a name. It’s your brand, your reputation, and probably your baby. So when you discover someone else is using it? Your heart drops, your blood pressure spikes, and you start Googling “How to sue.”
Before you fire off an angry email or drag them on social media, take a breath. Protecting your name is serious business, but rushing can backfire—legally and financially. Here’s exactly what to do.
Step 1: Confirm It’s Actually Infringement
Not every “same name” situation is trademark infringement. Sometimes it’s a coincidence. Sometimes they’re in a totally different industry or location. And yes—it’s even possible you might be the one stepping on someone else’s rights.
Look for overlap in:
Name similarity (exact match or confusingly similar)
Industry or goods/services offered
Geographic area (for unregistered trademarks)
Step 2: Gather Evidence
Receipts matter. Document:
When you started using your name
Trademark registration (if you have one)
Branding materials, invoices, marketing campaigns
Where and how the other party is using the name
The more proof you have, the stronger your position.
Step 3: Call in a Trademark Attorney
Trademark law is complex…don’t DIY this. An attorney can confirm if you have a claim, outline your options, and approach the situation in a way that protects you.
Step 4: Cease and Desist (If Appropriate)
If your attorney recommends it, a cease and desist letter can be the first formal step to stop unauthorized use. This letter lays out your rights and demands they stop using your name.
⚠️ Do not send this on your own—poorly worded letters can weaken your case or even trigger a lawsuit.
Step 5: Register Your Trademark
This is your “told you so” moment. Registering your business name as a federal trademark gives you nationwide protection and the legal presumption that you own it. Without registration, your rights may be limited to where you do business.
Step 6: Stay on Watch
Once you’ve handled the situation, keep monitoring for future misuse. Trademark monitoring services (yes, we offer this) can alert you when similar marks pop up so you can act before it turns into a bigger problem.
Bottom Line
Your business name is worth protecting before—and after—someone tries to use it. The right legal steps can keep your brand safe, your customers confident, and your business thriving.
If you need help protecting your name, we offer this as a service and we’d suggest booking a consultation! Also, the Legalmiga® Membership offers ongoing legal support, including trademark monitoring and enforcement.