My business name is registered in SC and now another business is using my name. What can I do?

Question

I have a trademark registered company name in SC. I have the legal document. Another business is using my name, what do I do and how do I make the other business change their name?

Answer 1

confront their buisness manager and show them the proof that it is YOUR name

Answer 2

If you have a lawyer, have him send a cease and desist letter to the business. You can do it yourself and include a copy of the registration, but law firm letterhead usually has more influence on people.

Answer 3

Talk to your lawyer or, even better, one who specializes in Intellectual Property. Trademarks can get a little sticky, where even a registered name isn't 100 percent protected except from identical copies if it's a common or popular name or if you and this other firm operate in completely different arenas of commerce. You really need to get a professional to do a title search and give you an opinion on your options. If you have a good point but might not actually win in court, you might consider offering them money to change their name. You should definitely pursue this somehow, though, since the more conscientious you are about defending your mark, the more protection is awarded to you in future disputes (which is how Google lost control of its trademark; didn't protect its use.)

This winter we attracted the attention of a huge multinational who sent us the cease-and-desist letter, accusing us of everything short of murder and threatening to bankrupt us through litigation and damages, and I held my ground for five months. They went away, because even though they had a small point, I had the better case.

The letter is the first step in a very long and slow process that might go nowhere. The odds that just the single letter will resolve this is close to zero.