Imagine this: you’ve worked hard to build your small business brand. You’ve created a name, logo, and website that customers recognize and trust. Then you notice a competitor using a name, logo, or slogan that looks or sounds strikingly similar to yours. Your first thought might be panic—but take a breath. There are legal, and practical steps you can take to protect your brand without panicking, and we have the tools just for you to do it!
Understanding the Problem
When another business uses a name, logo, or slogan that could confuse customers into thinking their business is yours—or vice versa. This is called trademark infringement.
Even if your competitor isn’t intentionally copying you, confusion in the marketplace can hurt your business, dilute your brand, and make your marketing less effective. This is why you want to OWN your name with trademark protection so when this type of situation pops up you understand how to handle it.
Step 1: Assess Whether There’s a Real Risk of Infringement
Not every similar name is automatically a problem. Consider:
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Industry and Market: Are you and the competitor targeting the same audience? A similar name in a completely different industry may not matter.
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Likelihood of Confusion: Would your customers reasonably mistake their business for yours?
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Geographic Reach: Are they operating locally, nationally, or online where your customers can access them?
Taking a step back helps you determine whether action is necessary—or if monitoring the situation is enough.
Step 2: Document the Situation
Before doing anything, document everything.
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Take screenshots of their website, social media, packaging, or advertisements.
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Note dates when you first saw the similar mark.
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Keep records of your own branding materials and registration dates (if you already have a trademark).
This information is critical if you ever need to take formal action through a cease and desist or a lawsuit.
Step 3: Monitor and Gather Information
Even if you don’t act immediately, keep an eye on your competitor’s activities.
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Set up Google alerts for your brand and similar terms.
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Check social media mentions.
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Track whether the similarity grows or changes over time.
This can help you decide whether a casual warning or formal action is needed.
Step 4: Reach Out
Often, the first step is simply communicating. Many businesses aren’t aware they’re infringing.
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Send a professional email explaining the situation if you think they would be receptive to it.
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Include evidence of your trademark and registration (if applicable).
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Ask them to cease using the similar mark or make adjustments to reduce confusion.
- Having an attorney send a formal cease and desist oftentimes will help keep things professional and streamlined while also leting them know you are serious about protecting your trademark.
Step 5: Consider Formal Trademark Protection
If polite communication doesn’t work, it may be time to take formal steps:
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Trademark Protection: If your mark is registered with the United States Patent and Trademark Office (“USPTO”), you have the right to enforce your mark nationally.
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Legal Action: Litigation is usually a last resort, as it can be costly and time-consuming.
Remember: your goal is to protect your brand, not to punish your competitor. Ethical enforcement focuses on reducing confusion, not hurting the other business unnecessarily.
Step 6: Strengthen Your Own Brand
While handling a similar mark, continue to protect and grow your brand:
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Use your trademark symbol (™ or ®) prominently on your materials. You can only use the ® if your trademark is registered with the USPTO.
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Ensure your website, social media, and marketing are consistent and professional.
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Educate your customers on what makes your brand unique.
A strong, distinctive brand makes it harder for competitors to create confusion.
If you want to protect your mark from being used by competitors, make sure you are taking the appropriate steps to own your trademark. Reach out to Griffith Suazo Law today for a consult!
