Found another business using your registered name? Act fast—send a cease and desist right away.
Quick Fix: Fire off a cease-and-desist email (template below) and file a USPTO trademark dispute if the mark is federally registered.
What’s Happening
That’s a real problem. As of 2026, the U.S. Patent and Trademark Office (USPTO) still uses a “first-to-use” system—so whoever started using the name in the same class of goods or services may have superior rights, even without registration USPTO. A registered trademark gives you nationwide priority in the goods/services listed in your registration USPTO Trademarks. (Honestly, this is the best way to protect yourself.)
How do I stop someone from using my business name?
Time matters here. The longer you wait, the weaker your position becomes. Start with a formal demand to stop, then move to legal action if they don’t comply. That’s how you protect your brand.
Step-by-Step Solution
- Confirm the exact use. Check the business name, logo, tagline, and the goods/services offered. Document screenshots, URLs, and product listings as evidence.
- Check USPTO TESS. Run a search in TESS (Trademark Electronic Search System) for “live” registrations or pending applications that are identical or confusingly similar.
- Verify state filings. Search your state’s business-entity database (e.g., California’s BizFile) to see whether the other party has registered a DBA or LLC under the same name.
- Draft a cease-and-desist. Use a template that:
- identifies your trademark registration number (if any),
- lists the infringing uses,
- demands immediate cessation of use,
- requests written confirmation of compliance within 7–14 days.
- Send the letter. Email or certified mail to the infringer’s last-known address and to its registered agent (available via state database). Keep a copy and tracking receipt.
- File a dispute if no response. If the other party ignores you and they have no superior right, file a Petition for Cancellation via TEAS (Trademark Electronic Application System) or a federal lawsuit for trademark infringement and unfair competition.
What if they still won’t stop?
Sometimes the first letter gets lost in the shuffle. Give them another 7–10 days to respond. If that doesn’t work, a law-firm letterhead often gets faster results. For domain disputes, a URS complaint under ICANN can shut down clear-cut cases quickly.
How do I prove someone is using my business name?
Document everything—dates, locations, and how they’re using it. That paper trail becomes critical if you need to file a dispute or lawsuit. Without proof, you’re fighting an uphill battle.
Can I send a cease-and-desist myself?
You don’t need an attorney to start. Use a clear template, keep it professional, and send it via email or certified mail. Just make sure you keep copies and tracking. That’s all you need to get the ball rolling.
What if the other business registered the name first?
Under the USPTO’s “first-to-use” system, priority often goes to whoever started using the name in the same class of goods or services. Registration strengthens your claim, but it’s not always required. Check your dates carefully.
How do I file a USPTO trademark dispute?
Head to the TEAS portal and submit your petition. You’ll need to explain why their registration conflicts with yours. The USPTO will review it and decide whether to cancel their mark.
What’s the cost to file a dispute?
That’s just the filing fee—attorney costs (if you hire one) will add up. Budget for both when planning your next steps.
Can I sue for trademark infringement?
This is your strongest move if they ignore your cease-and-desist. A lawsuit can stop the infringement and even get you damages. But it’s expensive and time-consuming—weigh your options carefully.
How long does a trademark dispute take?
Speed depends on whether they respond, settle, or fight back. The USPTO process alone can drag on for months, especially if they file a counterclaim.
What’s the best way to prevent this in the future?
Run a TESS search and a state-business-name search before adopting a new mark. Then file a TEAS Plus application ($250 per class as of 2026) to secure your priority. That’s how you stay protected.
Should I register my domain names too?
Cybersquatters love easy targets. Lock down your domains early to block copycats and protect your online presence. It’s cheap insurance for your brand.
How do I monitor for future conflicts?
The Gazette comes out weekly. Scan it for marks that look or sound like yours. Catching conflicts early makes them easier to handle. (This is one of those things you’ll be glad you did.)
