What Action Can You Take If You Find a Business With a Similar Name To Yours

You started your business some years ago, put in a substantial amount of time and effort into crafting the name and logo, and obtained trademark protection for it. All was going great until you found out another business was using a similar name to yours. Now what? Since your business name is a protected trademark, someone else using it for their firm could be potential infringement.

Your business name defines your brand. Over the years reliability and quality become synonymous with your brand name leaving you with a strong goodwill. When your business name is infringed, you risk affecting your goodwill as well as potential business. To prevent this, enforcing your trademark protection rights becomes necessary. Here is what you should do when you find someone else using a similar business name as yours.

Identify whether It Is Really Trademark Infringement

While you might be devastated seeing someone else use your business name, in reality, it may not even count as infringement. There are certain factors that form the basis of infringement. When a same or similar trademark as yours is being used by someone else for the same range of goods and services, it constitutes trademark infringement. But, what if the business using a similar name as yours operates in a different industry? In that case, there may be no infringement. So, research before enforcing your rights.

Send a Cease and Desist Notice

If you determine that infringement of your trademark is occurring, initiate an action by sending a cease and desist letter to the infringer. A cease and desist notice is a letter asking the infringer to stop using the trademark. Typically, the letter notifies the party about their infringing behavior and warns the infringer that a failure to cease using the trademark may result in legal actions being taken. You may wish to obtain the assistance of a trademark attorney’s help in drafting an impactful cease and desist notice.

Take Legal Action

In case the cease and desist notice is not honored, as a trademark owner, you have the right to take the infringer to the Federal Court. During the proceeding, the court will offer both the parties a chance to negotiate and make a settlement. A settlement can take the form of monetary payments or potential licensing agreements. At times, negotiations can be profitable for both parties. But, if this is not an option for you, you will have to fight the case with a strong defense. The judgement may or may not be in your favour. Hiring a trademark lawyer would be beneficial during such times.

Enforcing your trademark rights is not as simple as you think. You need a strong defense or else the proceedings can take a long time and prove to be a costly affair. Obtaining the services of a trademark attorney is beneficial as their expertise can help you succeed in your action against infringement.