Q: What If Someone Trademarked My Business Name Before I Do?
Whether you are facing a trademark cease & desist letter, or just trying to prevent that from happening down the road…this happens all the time and I want you to understand what’s really at play in this type of scenario.
You've been building your business under a name you love, and then suddenly someone tells you they trademarked it first. Maybe you’ve received a cease and desist letter. Maybe you’re just trying to figure out whether someone else actually has rights to the name you’re using.
So what do you do?
In this episode, I’m breaking down what it really means when someone trademarked your business name before you did and why the answer isn’t always as simple as who has a registration. I’ll explain how trademark rights actually work, why use in commerce matters, and why having a big social media presence doesn’t necessarily mean you have stronger trademark rights.
I’ll also walk you through the three paths that may be available if you receive a trademark cease and desist letter: fighting for your rights, exploring a concurrent use agreement, or deciding that rebranding is the better path forward. And if you’re not dealing with a problem yet, I’ll explain how a full clearance search can help you avoid trademark infringement issues before you invest heavily in your brand.
Topics covered in this podcast episode:
What to do if someone trademarked your business name before you did
What trademark rights actually depend on—and why visibility isn't the same as use
What a trademark cease and desist letter means
Three possible paths when someone claims you’re infringing their trademark
When it may make sense to fight, negotiate concurrent use, or rebrand
Why a USPTO search alone may not uncover every potential conflict
How a full clearance search can help you avoid trademark infringement before you launch
New Here?
I'm Chelsea Fournier—a U.S. trademark attorney for business owners and credentialed professionals who've built something worth protecting. I work with therapists, coaches, consultants, speakers, and other service providers and practitioners who are past the idea stage—established enough that a name, logo, or tagline has real weight behind it.
Trademark work is the whole of my practice, not a service tacked onto something else. Every engagement moves through the same five stages — consultation, search, filing, intent-to-use, and maintenance — and I meet clients wherever they're starting in that process.
→ If you're not sure trademark protection makes sense yet, or just want clarity on timing and cost, the Free Consultation is a no-pressure place to start.
→ If you need to know whether your name, logo, or tagline is actually available, the Trademark Strategy Session and Clearance Report + Call screen for conflicts before you invest any further.
→ If you're ready to protect what you've built, Filing Your Application and the intent-to-use filings that follow get your mark on record the right way.
→ If you already have a registration, Registration & Maintenance keeps it active and enforceable, so the protection holds up long after the paperwork's done.
Wherever you're starting, there's a path that fits. Explore my Services + Flat Fee Pricing Schedule for more details.
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Related Episodes:
🎧 Q: Trademark Clearance Search or Knockout Search—Which Do I Need?
🎧 Q: How Do I Know if a Business Name is Taken Already?
