What to Do When Someone Claims Your Name?
Building a brand takes time, effort, and financial investment, so it can be unsettling when someone claims ownership over your business name. Such claims may arise through a legal notice, marketplace complaint, or objection during trademark registration. In trademark law, rights are usually based on prior use or valid registration within a specific class of goods or services. This is why conducting a proper trademark search before adopting a brand name is critical, as it helps identify existing or pending marks that could create legal conflict.
If someone claims your name, the issue often revolves around similarity rather than exact identity. Phonetic resemblance, visual similarity, or operating within the same business category can lead to disputes. However, not every claim is automatically valid. Reviewing official records, checking the status of the other party’s registration, and assessing who has prior rights are essential steps before making decisions. Acting strategically ensures your brand is protected and reduces the risk of costly rebranding or prolonged legal challenges.
Phase 1: The "Reverse" Trademark Search
When someone claims your brand name, the first step is to conduct a “reverse” trademark search. Instead of checking your own mark, you investigate the party making the claim. This helps you verify whether they actually hold valid rights through trademark registration or established prior use. It also allows you to assess the strength and scope of their legal position before responding.
Start by examining the accuser’s trademark details in the official database. Check whether their mark is registered, pending, objected, abandoned, or expired. Review the class of goods or services, the date of application, and whether their mark is identical or only similar to yours. Conducting a detailed trademark search at this stage provides clarity on whether the claim has legal merit or is simply an attempt to pressure you into rebranding. This practical step ensures your response is based on verified facts rather than assumptions.
Phase 2: Evaluating Your "Prior User" Rights
If someone claims your brand name, the next step is to evaluate whether you have “prior user” rights. Under Indian trademark law, rights can arise from actual commercial use, not just from trademark registration. This means that even if another party has filed or obtained registration, you may still have a stronger claim if you can prove that you were the first to use the mark in commerce for the relevant goods or services.
The “first to use” rule recognises the party that adopted and used the mark earlier in the marketplace. To rely on this principle, you must gather clear evidence showing continuous and genuine use of the mark before the other party’s claimed date. Useful evidence may include invoices, GST registrations, advertising materials, website screenshots, social media promotions, product packaging, and sales records. Conducting a proper trademark search alongside compiling your documentation helps you compare timelines accurately and assess the strength of your position before proceeding further.
If someone claims your brand name, the next step is to evaluate whether you have “prior user” rights. Under Indian trademark law, rights can arise from actual commercial use, not just from trademark registration. This means that even if another party has filed or obtained registration, you may still have a stronger claim if you can prove that you were the first to use the mark in commerce for the relevant goods or services.
The “first to use” rule recognises the party that adopted and used the mark earlier in the marketplace. To rely on this principle, you must gather clear evidence showing continuous and genuine use of the mark before the other party’s claimed date. Useful evidence may include invoices, GST registrations, advertising materials, website screenshots, social media promotions, product packaging, and sales records. Conducting a proper trademark search alongside compiling your documentation helps you compare timelines accurately and assess the strength of your position before proceeding further.
Phase 3: The Triage – Settle, Fight, or Pivot?
Once you have reviewed the other party’s claim and evaluated your own prior user rights, the next step is strategic triage — deciding whether to settle, fight, or pivot. This decision should be based on the strength of the competing trademark registration, the results of your trademark search, the similarity between the marks, and the commercial value of your brand. Not every dispute requires aggressive action; sometimes a practical resolution is more beneficial than prolonged conflict.
If the other party has a strong and valid registration in your business class, settlement or coexistence may be worth considering. This could involve modifying your mark, limiting usage to certain goods or territories, or negotiating terms to avoid litigation. If your evidence shows clear prior use or weaknesses in their claim, you may choose to contest the matter through opposition or legal proceedings. In cases where the legal risk is high and brand equity is still limited, pivoting to a new name and securing timely trademark registration may be the most cost-effective path. A calculated decision at this stage protects both your legal position and long-term business interests.
Phase 4: Cleaning Up the Mess
When a dispute forces you to change direction, the priority is to clean up the situation quickly and strategically. Whether you decide to rebrand or refine your existing mark, taking immediate corrective steps prevents further legal exposure. Delays can lead to additional claims, marketplace confusion, and loss of goodwill.
If you are securing a new identity, choose a brand name that is distinctive and not descriptive of your products or services. A stronger, unique mark reduces the likelihood of future objections and improves the chances of successful trademark registration. Investing time in selecting a legally sound name at this stage can save significant cost later.
Before finalising the new mark, conduct an “ironclad” trademark search. This means checking not only exact matches but also phonetic, visual, and class-based similarities across relevant categories. A thorough trademark search ensures that the new brand is clear of conflicts and suitable for long-term protection.
Once you are confident about availability, proceed with immediate trademark registration. Filing early secures your priority date and strengthens your legal position. Acting promptly ensures that your new brand identity is protected from the outset and reduces the risk of repeating the same issue.
Phase 5: Managing the Transition
Managing the transition carefully is crucial once a decision has been made to settle, defend, or rebrand. A sudden shift can confuse customers, disrupt operations, and weaken brand recognition. A structured “bridge” strategy helps maintain continuity while gradually moving toward the final resolution. This may involve temporarily using both the old and new brand names together, updating packaging and digital assets in phases, and clearly communicating changes to stakeholders to preserve trust.
At the same time, all discussions with the opposing party should be handled through “without prejudice” communication. This legal approach allows both sides to negotiate or explore settlement options without admitting liability or weakening their formal legal position. Whether you are defending your existing mark or proceeding with trademark registration for a new one, maintaining careful written communication protects your rights and ensures that strategic negotiations do not compromise future legal action.
Conclusion
When someone claims your brand name, reacting calmly and strategically is essential. From conducting a reverse trademark search to evaluating prior user rights and deciding whether to settle, fight, or pivot, each phase requires careful assessment. Rushed decisions can lead to unnecessary losses, while informed action protects your legal and commercial interests.
Ultimately, the key lies in proactive protection. A proper trademark search before adoption and timely trademark registration reduce the likelihood of disputes and strengthen your position if challenges arise. Taking structured steps ensures your brand remains secure, competitive, and legally protected in the long term.