Your business name is the single most important element of your branding, the foundation upon which the reputation and identity of your company is built. Another business using the same name can cause severe and long-lasting damage, confusing customers and exposing your brand to practices that could negatively reflect on you. In these situations, speaking with an attorney can help protect your rights and identify a strategy for controlling the damage.

What to Do if Another Business Is Using Your Name

1. Examine the Risks

Trademarking your business name provides powerful legal protections, making it easier to conclusively prove a case against other companies using your intellectual property. Even without a trademark, you may be able to take action if you clearly established the name first and the other company is competing in the same market. Accountants and bookstores can usually use the same name in the same city without causing confusion, as can businesses offerings similar services to different customer bases.

2. Collect Documentation

To take legal action, you must show that the another business’ use of your intellectual property is harming your business in some way, by misleading customers or causing confusion in the industry. Before meeting with an attorney, get your trademark or business registration paperwork, as well as any documentation you might have about how the the situation has impacted your business, such as testimonials from confused customers or web traffic data.

3. Speak to an Attorney

A skilled legal professional with a background in trademark law can often resolve these issues with minimal conflict. Most trademark violations are unintentional, and companies generally want to differentiate themselves from the competition, so a notice from an attorney is often enough to rectify the problem. If the other business refuses to acknowledge your rights, however, your trademark attorney will take appropriate measures, including filing a lawsuit, if necessary.

For over 30 years, Lance S. Cox Attorney at Law has provided Cincinnati, OH, business owners with quality legal services in a wide range of situations. If someone else is using your business name, their highly qualified team will work tirelessly to protect your interests and the company you’ve built. Visit their website to learn more about their estate planning, tax preparation, and business law services, follow their Facebook for additional legal insights, or call (513) 528-6000 to speak to an attorney and schedule a consultation.