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What if someone registers a company with a name similar to mine?

Written by Jan Buza

Co-founder of Trama

A company registration with a similar name is not automatically trademark infringement. The infringement occurs when that company uses the similar name in commerce in connection with the same or related goods or services in a territory where you hold a trademark.

If the newly registered company does start trading under that name in your class and jurisdiction, you have grounds to send a cease and desist letter and, if necessary, to pursue legal action. Some jurisdictions also allow you to challenge the company name registration itself through the company register, independent of trademark proceedings.

If you are not yet registered in the territory where the new company operates, registering a trademark there as soon as possible gives you the clearest legal basis for enforcement.

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