A lot of business owners will come to us and ask if they can go after somebody who's using their business name. Short answer, maybe. Long answer, really depends who got there first and who's registered. Trademark rights are mostly about priority, who's been using the name longer, so if you've had a business name since 2020 but another competitor filed for the same name in 2024 you potentially have a claim against them. But what most people don't understand is just because you may have existed first doesn't mean you can always prove it. Sales records, invoices, social media history, your website archives, even if you have all the proof lined up and they've been using it for less time than you, you're still going to have to go challenge it, it's still going to be a very expensive process, it's going to be a headache. That's why we always recommend getting a trademark registered as soon as possible because yes, you can fight, but whether or not you're going to win depends very much on your paper trail.
