No one wants to spend years building their business’s reputation only to discover that another company has taken their business name. Discovering that another company is using your business name can be frustrating, but there are steps you can take to protect your brand identity.
What to do if someone is using your business name
Register your business name
The first step is to register your business with local and state agencies. If you’ve been in business long, you may have already done this. But if not, you can start by applying for your Employer Identification Number.
From there, you can visit the Secretary of State’s website to see what you need to do to register your business. Most states allow you to register your business online, and you may need to pay a small fee.
Make sure you understand how to stay current on your business license. For instance, some states may require you to submit supporting documentation or reports after registering your business.
Apply for a trademark
Next, you can apply for a federal trademark with the United States Patent and Trademark Office (USPTO). Trademarking your business name gives you additional protections beyond just registering it with the state.
A trademark prevents another company from using a similar business name to sell goods or services. It also gives you the right to present a trademark lawsuit in federal court.
However, trademarking your business name can be a lengthy process, and there is no guarantee the USPTO will approve your request. If you’re successful, you’ll need to meet the following requirements to maintain your trademark:
- Continue using your trademark in interstate commerce.
- File your registration maintenance documents with the USPTO and pay the required fees on time.
- Keep your contact information up to date.
Trademarking your business name gives you additional protections beyond just registering it with the state.
Keep detailed records
If the other company claims they had the name first, you need to be able to prove otherwise. The best way to do that is by showing documentation that you used the name in commerce first.
For instance, you can produce records of advertising copy, products with your business name, or even Google search results. It’s also a good idea to keep track of any trademark violations.
You need to show that the other company’s name is similar enough that it infringes on your trademark rights. You also need to make a case that customers would be adequately confused as to whether that company’s products or services are associated with your business.
Talk to a business lawyer
If the other company continues using your business name, you may want to speak to a business lawyer. An experienced business lawyer can advise you on the best course of action going forward.
For instance, they can send a cease-and-desist letter on your behalf. If that doesn’t work, they can help you determine whether filing a civil lawsuit against that company makes sense.
Your attorney can also tell you when you’re better off just letting the situation go. In some situations, it may make sense to fight, but is the other company genuinely confusing your audience? Are you losing customers because of the name similarities? If your businesses operate in two different industries and target different audiences, the fight may not be worth pursuing.
How to protect your business name online
There are several steps you’ll need to take to protect your business name online. Start by purchasing all domain extensions associated with your business’s name—.com, .net, and .org. You’ll also want to claim your business name on all social media platforms, even if you aren’t actively using all of them.
Creating a Google Business Profile will improve your search results and establish ownership of your business name. If you sell products online, you may also want to register your business name with Amazon Brand Registry. You can also set up Google alerts for your business name, so you’ll be notified if someone else is using it.
Most importantly, you need to begin building brand recognition with your customers. You can do this by consistently engaging with your audience through social media, blogging, and email marketing. And you’ll create customer loyalty by delivering quality products and good customer service.
CO— aims to bring you inspiration from leading respected experts. However, before making any business decision, you should consult a professional who can advise you based on your individual situation.
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