Can I fight someone who took my name?

00:00 A lot of business owners will come to us and ask if they can go after somebody who's using their

00:04 business name. Short answer, maybe. Long answer, really depends who got there first and who's

00:09 registered. Trademark rights are mostly about priority, who's been using the name longer,

00:14 so if you've had a business name since 2020 but another competitor filed for the same name in 2024

00:20 you potentially have a claim against them. But what most people don't understand is just because

00:24 you may have existed first doesn't mean you can always prove it. Sales records, invoices,

00:29 social media history, your website archives, even if you have all the proof lined up and

00:33 they've been using it for less time than you, you're still going to have to go challenge it,

00:37 it's still going to be a very expensive process, it's going to be a headache. That's why we always

00:41 recommend getting a trademark registered as soon as possible because yes, you can fight,

00:46 but whether or not you're going to win depends very much on your paper trail.