You developed a unique name for your business and registered it, and then you notice that another business is using it. This can be an infringement of your intellectual property (IP) rights. It can confuse your customers, potentially leading to lost sales. Besides, if that business offers poor service or products, you may end up with bad reviews intended for that company.
Therefore, it’s important to respond appropriately to protect your business. Here is what you can do:
Determine if there is a likelihood of confusion
Firstly, determine if the other business using your name creates a likelihood of confusion.
Is the name exactly similar to yours? Are the names pronounced the same way even if they are spelled differently? Are the names confusingly similar in appearance? Are the goods or services associated with each name related? Are the goods and services of both businesses used by the same purchasers?
The United States Patent and Trademark Office (USPTO) can register two businesses with the same name if there isn’t a likelihood of confusion. If you believe the other business using your name creates confusion among customers, you should take action. Besides, chances are the business is not registered with the USPTO.
Gather evidence
Collect evidence of your ownership of the trademark and the other business’s usage of it. Gather your registrations, sales records and marketing materials, then take screenshots of the other business’s website, social media accounts and marketing materials.
Send a cease and desist letter
Send the other business a formal cease and desist letter, informing them to stop using your registered name. Ensure you draft an effective letter.
Another business using your name can negatively impact your brand. If you are experiencing IP infringement, it’s vital to be adequately informed to take steps that offer the most favorable outcome.
