As a fellow business owner, we know how important your business name is to you. But what happens if someone trademarked my business name? Don’t panic just yet. Allow our trademark attorney to break it down and see what your options are.
There is nothing that can stop another business from filing a trademark for your business name, but there are legal steps you can take to protect yourself in the event someone does. Here’s the lowdown:
The best defense is a solid offense. By trademarking your name first, you significantly increase the odds that someone else’s trademark application for the same name will be denied.
If you’ve been using your business name before someone else filed their application, you could file an objection to their trademark application. If they already obtained a registered trademark for the same name, you also could file a petition to cancel their application within five years of their registration date.
If someone tries to trademark a name similar to yours in the same industry, you could send a cease-and-desist letter demanding they abandon their trademark application on the basis that you were using the name first.
If you are worried about someone else stealing your business name, here are three things you can do.
Stopping someone from trademarking your name is one of many reasons why you should apply for trademark protection. Read our blog Why do I need a trademark lawyer? I already own my business name and domain to learn more.
If you are unable to file a trademark application now, you should periodically conduct an online search for your business name. This will help you learn if someone else starts using your name so you can act before you lose your legal rights.
If you are unsure what to do next, it’s time to get legal help. A trademark lawyer can be your secret weapon in defending your business name and keeping the competition at bay.
While the thought of someone trademarking your name might make your blood boil, remember that you’ve got options. Stay informed, stay vigilant, and if push comes to shove, don’t hesitate to bring in the big guns— contact our trademark law firm for a free consultation today.
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