Someone Filed a Trademark Similar to Mine: What Are My Options?

It’s an unsettling discovery. You search the USPTO records, or a watch report lands in your inbox, and there it is: someone has applied to register a name or logo that looks a lot like yours.

The good news is that a filing isn’t a registration. You usually have several ways to respond, and some of them are quick and inexpensive. The key is knowing which options are still open and how long you have to use them.

Step 1: Check Where Their Application Stands

Look up the application in the USPTO’s records using its serial number. The status tells you which stage it’s at, and that decides your options. Our TSDR guide explains how to read it. Broadly, an application will be in one of three phases:

• Pending examination: filed, but not yet approved for publication
• Published for opposition: approved and listed in the Official Gazette
• Registered: the registration has issued

Note the dates. The publication date is especially important, because the opposition clock starts running from it.

Step 2: Decide Whether It’s Actually a Problem

Similar isn’t always the same as infringing. The legal test is likelihood of confusion: would ordinary customers think the two marks come from the same source? The main factors are:

• How similar the marks look, sound, and feel, and what they mean
• How related the goods or services are
• Whether they’re sold through the same channels to the same customers
• How strong and well known your mark is

Two identical names for unrelated products, say a software company and a bakery, may coexist without any problem. A slightly different name for the same product in the same market is often a real risk. If you’re not sure, this is where a short attorney review is worth it. We explain the standard in more depth in why trademark applications get rejected for likelihood of confusion.

Also check your own position. Who used the mark first? Is your mark registered, pending, or only used without registration? A federal application or registration usually gives you a clear priority date. Unregistered use can still count, but you’ll need evidence of when and where you started.

Step 3: Choose Your Response

If their application hasn’t been published yet: a letter of protest

A letter of protest lets you send evidence to the USPTO, such as your earlier registration or pending application, so the examining attorney can consider it. It isn’t a lawsuit and you don’t become a party to anything. The USPTO fee is $150. It works best when your evidence is clear-cut, like an existing registration for a similar mark on related goods.

If it has been published: an opposition or an extension

Once the mark is published in the Official Gazette, you have 30 days to file a notice of opposition with the Trademark Trial and Appeal Board (TTAB). If you need more time to investigate or negotiate, you can request an extension instead: a first 30 days without giving a reason, or 90 days for good cause, up to a maximum of 180 days from publication. The Board won’t accept late filings, so treat this date seriously. Our TTAB opposition guide walks through the process.

If it has already registered: a petition to cancel

You can still challenge a registration by filing a petition to cancel with the TTAB. In the first five years after registration, almost any valid ground can be raised, including likelihood of confusion with your earlier mark. After five years, the grounds become much narrower. If the other owner never actually used the mark for some of the goods listed, USPTO expungement or reexamination proceedings may also be available.

At any stage: contact the other party

Sometimes the fastest fix is a conversation. A well-drafted cease and desist letter, or a more collaborative approach, can lead the other side to abandon their application, narrow their goods, or agree to a coexistence agreement. This is often worth trying before or alongside a formal filing, especially when an extension of time gives you room to negotiate.

Or do nothing, deliberately

If the risk is low, the best decision may be to note the filing and keep watching. That’s a legitimate strategy, as long as it’s a decision rather than an oversight.

What If They’re Already Using It?

A trademark application is only part of the picture. If the other business is already selling under the similar name, you may also have an infringement claim, and marketplace or domain takedowns may be available. See our guide on what to do when someone is using your trademark without permission.

How to Avoid Being Caught Off Guard Next Time

Most of these options are cheap and simple if you catch the filing early, and expensive or unavailable if you find it late. Setting up regular checks, or a professional watch, means you hear about similar filings while you still have the full range of choices. Our guide on how to monitor your trademark covers the DIY approach, and our trademark monitoring services handle it for you.

Frequently Asked Questions

Someone filed a trademark similar to mine. What should I do first?

Look up their application's status and dates in the USPTO records. Whether it's pending, published or registered decides which options are still open, and the publication date starts a 30-day opposition clock.

Can I stop a trademark application before it's approved?

Often, yes. Before publication you may be able to file a letter of protest with evidence of your earlier rights, and after publication you can oppose the application within 30 days or request an extension.

How long do I have to oppose a trademark?

You have 30 days from the date the mark is published in the Official Gazette to file an opposition or request an extension. With extensions, the total period can reach 180 days from publication. Late filings are not accepted.

Can I cancel a trademark that has already been registered?

Yes. You can petition the Trademark Trial and Appeal Board to cancel it. Within the first five years after registration, almost any valid ground can be raised, including likelihood of confusion. After five years, the available grounds are much narrower.

Does a similar trademark always mean infringement?

No. The test is whether customers are likely to be confused about the source of the goods or services. Similar marks for unrelated products often coexist without any problem.

Found a Similar Trademark Filing?

Deadlines in these situations can be short. If you’ve spotted a filing that looks like yours, talk to a trademark attorney before the window closes. Call Drishti Law at 773-234-1139 or book a free consultation.

Sahil M.

Sahil Malhotra
Sahil Malhotra is an Intellectual Property Attorney, who founded Drishti (“vision”) law because of his vision in protecting dreams and ideas.

He provided individuals and small businesses with an opportunity to enhance their IP’s value by helping them register trademarks and successfully argue against office actions. In addition to his training and experience, he has been deeply involved in the multifaceted IP portfolio at UIC and continues to be associated with IP organizations and conferences.

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