Few things are more frustrating (or scary) than discovering someone else using your business name or logo—especially after all the effort you’ve put into building your brand.
So what can you actually do about it?
Let’s break down your legal rights and the steps to take if someone is infringing on your brand in the U.S.
First—Do You Own the Trademark?
Before taking action, it’s important to ask:
Do you have a registered trademark with the USPTO?
If YES — You have exclusive nationwide rights to your business name or logo.
If NO — You still have limited rights through common law, but enforcing them can be more difficult and expensive.
This is why early trademark registration is so important for brand protection.
Step-by-Step: What to Do if Someone Is Using Your Name or Logo
1. Gather Evidence
Take screenshots, URLs, and proof showing:
How they’re using your name/logo
When it started
Confusion it’s causing
2. Check Your Trademark Rights
If you’re federally registered with the USPTO, you have the legal right to enforce your brand across all 50 states.
If not, your rights are limited to your geographic or industry use.
3. Send a Cease and Desist Letter
A cease and desist letter is often the first (and most effective) step.
It tells the infringer:
They’re violating your trademark rights
They must stop using your brand
Legal action will follow if they don’t comply
We help our clients send professionally drafted cease & desist letters that get results without going to court.
4. Report to Online Platforms (Amazon, Instagram, etc.)
If they’re using your brand online, report them directly to:
Amazon Brand Registry
Instagram, Facebook, or TikTok
Google My Business or domain hosts
Having a registered trademark speeds up takedowns and removals.
5. Take Legal Action If Needed
If the infringer refuses to stop, you may need to file a trademark infringement lawsuit.
This can result in:
A court order to stop them
Financial damages
Seizure of infringing goods
Most cases settle out of court—but only if your legal position is strong.
The Best Protection: Register Your Trademark Early
If you haven’t already, registering your business name and logo with the USPTO gives you the full legal power to:
Stop imitators
Claim exclusive rights
Build a stronger, more trustworthy brand
💼 Need Help Enforcing or Registering a Trademark?
At IP Bureau, we help business owners like you:
Stop trademark infringement
Send enforceable cease & desist letters
File and register trademarks with the USPTO
Ready to Protect Your Brand?Book a Free Trademark Strategy Call
Or Start Your Trademark Application Today
