Someone Is Using My Business Name: What to Do Next

Discovering that someone else is using your name

It usually starts with a customer mentioning they found "another version" of your business online. Or maybe you searched for your company on Google and found someone else ranking for your name. However you discovered it, finding out that another business is using your name is alarming, and you are right to take it seriously.

The good news is that you have options. The bad news is that the right approach depends on several factors, including whether you own a trademark, how long you have been trading, and what the other party is actually doing. This guide walks you through the process step by step.

Step 1: Gather the evidence

Before you do anything else, document everything. Take screenshots of their website, social media profiles, Google listings, and any marketing materials. Note down dates, URLs, and any customer complaints or confusion you have experienced. This evidence will be critical whether you end up sending a cease and desist letter, filing a trademark opposition, or taking legal action.

Key things to document:

• •Their website and social profiles. Use the Wayback Machine (web.archive.org) to check when their site first appeared.
• •Their Companies House listing. Search for the company at Companies House and note the incorporation date, directors, and registered address.
• •Domain registration details. Run a WHOIS lookup on their domain to see when it was registered and by whom.
• •Customer confusion. Save any emails, messages, or reviews from customers who mistook them for you.

Our free brand scan at GuardMyBusiness can help with this first step. It searches 12 databases simultaneously and shows you every entity using a name similar to yours.

Step 2: Assess your legal position

Your rights depend heavily on what protections you already have in place.

If you have a registered trademark: You are in the strongest position. A registered trademark gives you the exclusive right to use that name in connection with the goods or services specified in your registration. If the other party is trading in the same or similar sector, you have clear grounds for action.

If you do not have a trademark but have been trading longer: Under English common law, you may have rights through "passing off." To succeed with a passing off claim, you need to demonstrate three things: (1) you have goodwill in the name, (2) the other party's use creates a misrepresentation likely to cause confusion, and (3) you have suffered or are likely to suffer damage as a result.

If they registered at Companies House first: This does not necessarily mean they have priority. Companies House registration does not confer trademark rights. If you have been trading under the name for longer, you may still have the stronger claim.

Step 3: Assess the threat level

Not all name conflicts require the same response. Consider these factors:

• •Are they in the same industry? A "Smith Construction" in Glasgow is unlikely to harm a "Smith Construction" in Cornwall if they serve different markets. But if they are in the same sector and targeting the same customers, the threat is much higher.
• •Are they actively trading? Some company registrations are dormant shell companies with no active trading. These are lower priority but still worth monitoring.
• •Are they deliberately impersonating you? If they are copying your branding, website design, or marketing materials, this is more serious than a coincidental name overlap.
• •Are customers being confused? If you are receiving enquiries meant for them (or vice versa), the confusion is already causing harm.

Step 4: Make contact (sometimes)

In many cases, the other party may not even realise there is a conflict. A polite initial contact can sometimes resolve the situation without lawyers or formal disputes. This works best when the overlap appears to be a genuine coincidence rather than deliberate copying.

However, be cautious about what you say. Any correspondence could later be used as evidence. Avoid making threats you cannot back up, and do not acknowledge any weakness in your own position.

Step 5: Send a cease and desist letter

If informal contact does not work, the next step is a formal cease and desist letter. This is a written notice demanding that the other party stop using your name. While it has no legal force on its own, it demonstrates that you are serious about protecting your rights and creates a paper trail.

A good cease and desist letter should include:

• •A clear statement of your rights (trademark registration number, trading history, etc.)
• •Specific details of the infringing use
• •A deadline for compliance (typically 14 to 21 days)
• •A statement of the consequences if they do not comply

We provide cease and desist templates as part of our Full Investigation report. See our separate article on cease and desist letters for a free template.

Step 6: Escalate if necessary

If the cease and desist letter does not resolve the matter, you have several formal options:

• •Company Names Tribunal. If the conflict involves a Companies House registration, you can apply to the tribunal for a name change order. This costs 150 pounds and typically takes a few months.
• •IPO trademark opposition. If they have applied for a trademark, you can oppose it during the two-month publication period.
• •Nominet DRS or WIPO UDRP. If the issue is a domain name, use the relevant dispute resolution process.
• •Court proceedings. As a last resort, you can bring a claim for trademark infringement or passing off. This is expensive and should only be considered after taking legal advice.

Prevention is better than cure

The best way to handle someone using your business name is to prevent it from happening in the first place. Register a trademark, secure your key domain names, and set up ongoing monitoring so you catch new threats early.

Start with a free brand scan to see who is already using your name. You might be surprised at what you find.